the University of Texas Medical Branch at Galveston` v. Nicole Petteway, 373 S.W.3d 785

Petteway sues UTMB for gender discrimination under the TCHRA after termination in Feb. 2008 following workplace complaints about her conduct.
UTMB moved to dismiss via plea to the jurisdiction, arguing Petteway failed to plead a TCHRA claim or any waiver of sovereign immunity.
Petteway alleged that McGrew filed sexual-harassment complaints against her; UTMB treated McGrew more favorably by not terminating him.
McGrew reported harassment by Petteway on multiple dates in Jan–Feb 2008; Petteway allegedly followed and interacted with him in violation of workplace rules.
UTMB terminated Petteway on Feb. 27, 2008 after internal investigation and Gallardo’s review; Petteway appealed per policy, but ultimately the termination stood.
The trial court denied the plea to the jurisdiction, and UTMB appealed, arguing lack of a proper prima facie discrimination claim and lack of jurisdictional facts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are Petteway and McGrew similarly situated for purposes of a disparate-discipline claim?	Petteway contends comparable misconduct or circumstances exist.	UTMB shows dissimilar violation histories and supervisory contexts; no comparable misconduct.	No; they are not similarly situated; Petteway failed to plead or prove comparable misconduct.
Does the pleadings and evidence establish a valid TCHRA discrimination claim against UTMB?	Petteway asserts she was discriminatorily terminated, not McGrew.	Disparities in discipline arise from non-similar conduct and harassment history; no waiver via TCHRA is shown.	No; pleadings and undisputed facts negate jurisdiction; dismiss with prejudice.

Mission Consol. Indep. Sch. Dist. v. Garcia, 253 S.W.3d 653 (Tex. 2008) (waiver of immunity under TCHRA)
Ysleta Indep. Sch. Dist. v. Monarrez, 177 S.W.3d 915 (Tex. 2005) (elements of a Title VII/discrimination claim)
City of Waco v. Lopez, 259 S.W.3d 147 (Tex. 2008) (when to grant a plea to the jurisdiction without allowing amendment)
Lee v. Kan. City S. Ry. Co., 574 F.3d 253 (5th Cir. 2009) (comparator-disparate treatment standard for similarity of misconduct)
Morrow v. Wal-Mart Stores, Inc., 152 F.3d 559 (7th Cir. 1998) (employees with harassment claims not similarly situated to those without)
Hawn v. Executive Jet Mgmt., Inc., 615 F.3d 1151 (9th Cir. 2010) (similarity and comparator analysis in discrimination cases)
Yeager v. City Water & Light Plant of Jonesboro, Ark., 454 F.3d 932 (8th Cir. 2006) (comparator and misconduct history considerations)
Smith v. Wal-Mart Stores, Inc., 891 F.2d 1177 (5th Cir. 1990) (disparate discipline requires nearly identical misconduct)
Canchola (Wal-Mart Stores, Inc. v. Canchola), 121 S.W.3d 735 (Tex. 2003) (alignment of state and federal discrimination standards)