Vasquez v. Nelson, 4:23-cv-03620

Plaintiff Jose Vasquez, a Hispanic NASA employee, alleged race, national origin, age, and disability discrimination, as well as retaliation, arising from various employment actions and incidents at NASA.
Vasquez’s complaint included a wide range of grievances, many previously raised in EEOC proceedings, including non-selection for several positions, changes in job duties, negative performance feedback, and interpersonal workplace incidents.
Vasquez’s attorney withdrew after disputes over litigation strategy, and Vasquez continued pro se after filing unsuccessful motions to recuse judges.
Discovery closed in November 2024; NASA filed for summary judgment, asserting Vasquez had no evidence supporting the essential elements of his claims.
Vasquez filed more than 900 pages of exhibits but did not specifically reference any portion to substantiate his claims, against clear procedural rules.
The court addressed several procedural motions—striking an unauthorized sur-reply and denying Vasquez’s requests for proof of certified mail service—and recommended granting summary judgment to NASA, dismissing all of Vasquez’s claims with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Title VII Discrimination	Vasquez faced discrimination due to race/national origin	Vasquez had no evidence of disparate treatment vs. similarly situated	Vasquez failed to raise triable issue
ADEA (Age Discrimination)	Non-selection in favor of younger employees	No evidence a younger person was selected for positions at issue	Vasquez failed to make prima facie case
Disability Discrimination	Suffered adverse actions and lack of accommodations due to disability	No evidence of qualifying disability or denied accommodation	Vasquez’s claims not supported by evidence
Retaliation (All Statutes)	Adverse treatment after EEOC/protected activity engagements	No evidence of causal connection or protected activity	Vasquez failed to raise triable issue
Hostile Work Environment (All Statutes)	Was harassed due to protected status/activity	No evidence harassment was severe/pervasive or related to protected status	Vasquez failed to raise triable issue
Summary Judgment Procedure	NASA failed to address details/context; wants trial	Vasquez failed to cite record evidence per Rule 56	NASA entitled to summary judgment

Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for summary judgment; genuine issue of material fact defined)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden shifting framework for discrimination claims)
Union Pac. Res. Grp., Inc. v. Rhone-Poulenc, Inc., 247 F.3d 574 (summary judgment standards; court should not weigh evidence/credibility)
Dediol v. Best Chevrolet, Inc., 655 F.3d 435 (prima facie hostile work environment under ADEA)
E.E.O.C. v. LHC Grp., Inc., 773 F.3d 688 (Rehabilitation Act discrimination standard)
Westfall v. Luna, 903 F.3d 534 (summary judgment standard in the Fifth Circuit)