Lorenzo Pineda, III v. United Parcel Serv., Inc., 360 F.3d 483 (5th Cir. 2004). · Go Syfert
Lorenzo Pineda, III v. United Parcel Serv., Inc., 360 F.3d 483 (5th Cir. 2004). Cases Citing This Book View Copy Cite
280 citation events (280 in the last 25 years) across 15 distinct courts.
Strongest positive: R Construction Company v. Lavorgus Canady (txctapp4, 2026-05-27)
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examined Cited as authority (verbatim quote) R Construction Company v. Lavorgus Canady (2×) also: Cited "see, e.g."
txctapp4 · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we have consistently held that in retaliation cases where the defendant has proffered a nondiscriminatory purpose for the adverse employment action the plaintiff has the burden of proving that 'but for' the discriminatory purpose he would not have been terminated.
discussed Cited as authority (verbatim quote) Texas Health and Human Services Commission v. Virginia Rodriguez
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
therefore, a plaintiff asserting a retaliation claim must establish that without his protected activity, the employer's prohibited conduct would not have occurred when it did.
examined Cited as authority (verbatim quote) Apache Corporation v. Cathryn C. Davis (2×) also: Cited "see, e.g."
Tex. · 2021 · quote attribution · 1 verbatim quote · confidence high
we have consistently held that in retaliation cases where the defendant has proffered a nondiscriminatory purpose for the adverse employment action the plaintiff has the burden of proving that 'but for' the discriminatory purpose he would not have been terminated.
discussed Cited as authority (rule) Sara Adkins v. Shepherd Safety Systems, LLC & Pelican Energy Partners, LP
S.D. Tex. · 2026 · confidence medium
Plaintiff alleges a claim for “[vJiolation of the Texas Commission on Human Rights Act and Title VII of the Civil Rights Act of 1964 as amended — Retaliation” contending that, following her complaints regarding Crook, “she was increasingly isolated such that she felt compelled to resign, Defendants removed access to her accounts so that she could not do her work, and she was suddenly terminated before the end of her two-week period.” A Plaintiff bringing a retaliation claim must generally show: “(1) ‘that he is engaged in a protected activity;’ (2) ‘that an adverse employment…
discussed Cited as authority (rule) Barinaga v. ExxonMobil Chemical Company (2×)
S.D. Tex. · 2025 · confidence medium
Tex. May 30, 2025) (“Courts apply the same standards when analyzing claims under Title VII and Chapter 21 of the Texas Labor Code.” (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004))); Tex. Lab.
discussed Cited as authority (rule) Deyadeldin Metwalli v. Salcomp
N.D. Tex. · 2025 · confidence medium
Tex. May 30, 2025) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)); cf. Reed v. Neopost USA, Inc., 701 F.3d 343, 437 (5th Cir. 2012) (noting that Chapter 21 was formerly known as the Texas Commission on Human Rights Act (the “TCHRA”), a term some courts and parties continue to use).
discussed Cited as authority (rule) Evia C. Osazuwa v. Walgreens
S.D. Tex. · 2025 · confidence medium
Tex. May 30, 2025) (citing Pineda v. United Parcel Service, Inc., 360 F.3d 483, 487 (5th Cir. 2004)). 3 Defendant construes Plaintiff’s Second Amended Complaint as asserting a claim for “body-type” discrimination.
discussed Cited as authority (rule) Andrassy v. Jan X-Ray Services, Inc.
S.D. Tex. · 2025 · confidence medium
The court cannot consider this allegation because an “amended complaint supersedes the original complaint,” and Andrassy did not adopt or incorporate by reference “the earlier pleading.” King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994). link existed between the protected activity and the adverse action.” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004).
cited Cited as authority (rule) Metwalli v. Canadian Solar
N.D. Tex. · 2025 · confidence medium
Tex. May 30, 2025) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)).
cited Cited as authority (rule) Chauvin v. Town of Franklinton Mayor Gregory Route
E.D. La. · 2025 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004).
cited Cited as authority (rule) Daniel v. Logoplaste
N.D. Tex. · 2025 · confidence medium
Tex. May 30, 2025) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)).
cited Cited as authority (rule) Patricia Y. Mayers v. United Independent School District
Tex. App. · 2025 · confidence medium
See Brewer v. Coll. of the Mainland, 441 S.W.3d 723, 729 (Tex. App.—Houston [1st Dist.] 2014, no pet.); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); see also TEX.
discussed Cited as authority (rule) Esparza v. Advanced Network
5th Cir. · 2025 · confidence medium
ANM has offered a nonretaliatory reason for Esparza’s termination—poor sales performance—so the burden redounds to _____________________ 26 Clark, 544 S.W.3d at 782 . 27 Gorman v. Verizon Wireless Tex., L.L.C., 753 F.3d 165, 171 (5th Cir. 2014). 28 Apache Corp. v. Davis, 627 S.W.3d 324 , 336 (Tex. 2021) (applying but-for causation to TCHRA retaliation claim); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487-88 (5th Cir. 2004). 29 Clark, 544 S.W.3d at 782 . 11 Case: 24-50024 Document: 54-1 Page: 12 Date Filed: 03/11/2025 No. 24-50024 Esparza to show that reason is false and that, bu…
discussed Cited as authority (rule) Sanders v. Federal Express
N.D. Tex. · 2025 · confidence medium
“The standard of proof on the causation element of a Title VII retaliation claim is that the adverse employment action taken against the plaintiff would not have occurred ‘but for’ her protected conduct.” Septimus, 399 F.3d at 608; Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004).
discussed Cited as authority (rule) Linn v. Ouachita American Job Center
W.D. La. · 2025 · confidence medium
This standard is lower than showing discrimination with respect to an “ultimate employment decision.” 36 Pineda v. United States Parcel Service, Inc., 360 F.3d 483, 487 (5th Cir. 2004). 37 Septimus v. Univ. of Houston, 399 F.3d 601 , 609-10 (5th Cir. 2005).
discussed Cited as authority (rule) Sanders v. Enterprise Offshore Drilling, LLC.
S.D. Tex. · 2024 · confidence medium
See Cerda v. Blue Cube Operations, L.L.C., 95 F.4th 996 , 1003 (5th Cir. 2024) (threatening to expose co-workers to COVID-19 was a legitimate, nondiscriminatory reason for termination); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 489 (5th Cir. 2004) (threats of “physical violence, in violation of company policy” were “sufficient to establish an alternate, legitimate justification for Pineda’s termination that would negate causation”); Taylor v. Seton Brackenridge Hosp., 349 F. App’x 874, 877 (5th Cir. 2009) (employer had a legitimate, nondiscriminatory reason for terminating…
discussed Cited as authority (rule) Baron Aviation Services, Inc. v. Larry Kitchen
Tex. App. · 2023 · confidence medium
Mary’s, 509 U.S. at 519 ); St Mary’s, 509 U.S. at 524 (Even if “the employer’s proffered reason is unpersuasive, or even obviously contrived,” such facts do not necessary establish that the “plaintiff’s proffered reason . . . is correct.”); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 490 (5th Cir. 2004) (although there was evidence of selective investigation and termination, jury verdict in favor of employee should have been overturned because employee presented “no evidence that independently suggests that [his employer] falsely and selectively fired him because he en…
discussed Cited as authority (rule) Hill v. Petsmart, Inc.
S.D. Tex. · 2023 · confidence medium
“A motion for judgment as a matter of law should be granted if ‘there is no legally sufficient evidentiary basis for a reasonable jury to find for a party.’” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 486 (5th Cir. 2004) (emphasis added) (quoting Fed.
discussed Cited as authority (rule) Gupta v. Quest Government Services Inc (2×) also: Cited "see"
N.D. Tex. · 2023 · confidence medium
Pineda v. United States Parcel Serv., 360 F.3d 483, 488 (5th Cir. 2004).
cited Cited as authority (rule) Mosley v. Liberty Mutual Insurance Company
N.D. Tex. · 2023 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d. 483, 489 (5th Cir. 2004 (citations omitted).
discussed Cited as authority (rule) Lamar University v. Joy Del Snook (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Dias v. Goodman Mfg., Co., L.P., 214 S.W.3d 672, 676 (Tex. App.—Houston [14th Dist.] 2007, pet. denied).
discussed Cited as authority (rule) Westfall v. Luna
5th Cir. · 2022 · confidence medium
P. 50(a)(1). “[W]e view all evidence and draw all reasonable inferences in the light most favorable to the verdict.” Pineda v. United Parcel Service, Inc., 360 F.3d 483, 486 (5th Cir. 2004) (citing Thomas v. Tex. Dept. of Crim.
cited Cited as authority (rule) Weeks v. Bottling Group LLC
W.D. Tex. · 2022 · confidence medium
Tex. Mar. 4, 2022) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)).
cited Cited as authority (rule) Weeks v. Bottling Group LLC
W.D. Tex. · 2022 · confidence medium
Tex. Mar. 4, 2022) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)).
discussed Cited as authority (rule) Clark v. FCA US LLC (2×) also: Cited "see"
N.D. Tex. · 2022 · confidence medium
A claim of retaliation under Ch. 21 requires the plaintiff to prove: (1) “that he is engaged in a protected activity;” (2) “that an adverse employment action occurred;” and (3) “that a causal link existed between the protected activity and the adverse action.” Pineda v. UPS, Inc., 360 F.3d 483, 487 (5th Cir. 2004).
cited Cited as authority (rule) Hancock v. Securitas Security Services USA, Inc.
W.D. Tex. · 2022 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Hagood v. Cty. of El Paso, 408 S.W.3d 515, 526 (Tex. App.—El Paso 2013, no pet.).
discussed Cited as authority (rule) Alston v. S & P Global, Inc.
S.D. Tex. · 2022 · confidence medium
Pineda v. United Parcel Service, Inc., 360 F.3d 483, 487 (5th Cir. 2004).2 Under the familiar McDonnell-Douglas framework, once the plaintiff makes a prima facie case, the burden shifts to the defendant to demonstrate a legitimate purpose for the employment action.
discussed Cited as authority (rule) Casey Nelson v. Texas Sugars, Incorporated
5th Cir. · 2020 · confidence medium
In other words, “[a] post-judgment motion for judgment as a matter of law should only be granted when the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict.” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 486 (5th Cir. 2004).
discussed Cited as authority (rule) Joshua Edwards v. 4JLJ, L.L.C.
5th Cir. · 2020 · confidence medium
But we refer throughout, for the sake of simplicity, to the motions only as motions for judgment as a matter of law. 15 SMI Owen Steel Co., Inc. v. Marsh USA, Inc., 520 F.3d 432, 437 (5th Cir. 2008) (quoting Flowers v. S. Reg’l Physician Servs., Inc., 247 F.3d 229, 235 (5th Cir. 2001)). 8 Case: 19-40553 Document: 00515551199 Page: 9 Date Filed: 09/02/2020 No. 19-40553 jury to find for a party.”16 When entertaining a motion for judgment as a matter of law, the court “must review all of the evidence in the record, draw all reasonable inferences in favor of the nonmoving party, and may not …
discussed Cited as authority (rule) Garcia v. City of Amarillo, Texas
N.D. Tex. · 2020 · confidence medium
“In a retaliation case, the plaintiff must first make a prima facie showing: (1) that he is engaged in a protected activity; (2) that an adverse employment action occurred; and (3) that a causal link existed between the protected activity and the adverse action.” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (Sth Cir. 2004) (citing Gee v. Principi, 289 F.3d 342, 345 (5th Cir. 2002)); see also Univ. of Tex., Sw.
discussed Cited as authority (rule) Jason Alston v. MS Dept of Transportation
5th Cir. · 2020 · confidence medium
Co. v. White, 548 U.S. 53, 68 (2006). 10 McDonnell, 411 U.S. at 802 . 11 Septimus v. Univ. of Hous., 399 F.3d 601 , 608 (5th Cir. 2005). 12 Id. (quoting Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)). 13 We previously found that a two-day suspension without pay where the plaintiff was reimbursed did not constitute an “adverse action” that satisfied McDonnell Douglas.
cited Cited as authority (rule) Fillmore v. Nan Ya Plastics Corporation U.S.A.
S.D. Tex. · 2019 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004).
discussed Cited as authority (rule) Thomas Hebert v. Titan International, Inc.
5th Cir. · 2019 · confidence medium
“A court should grant a post-judgment motion for judgment as a matter of law only when ‘the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict.’” Id. (quoting Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 486 (5th Cir. 2004)); see FED R.
discussed Cited as authority (rule) Keneshia Wallace v. Seton Family of Hospitals
5th Cir. · 2019 · confidence medium
Ctr. v. Nassar, 570 U.S. 338, 362 (2013); see also Jackson, 619 F.3d at 466 ; Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487-88 (5th Cir. 2004) (holding that “but for” causation is the standard for retaliation under the TCHRA) (citing Quantum, 47 S.W.3d at 479 ).
discussed Cited as authority (rule) Texas Department of Aging and Disability Services Dba San Antonio State Supported Living Center v. Adrian Comer
Tex. App. · 2018 · confidence medium
Co., L.P., 214 S.W.3d 672, 676 (Tex. App.—Houston [14th Dist.] 2007, pet. denied) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004)); accord San Antonio Water Sys. v. Nicholas, 461 S.W.3d 131, 137 (Tex. 2015).
cited Cited as authority (rule) Lamar University v. Steve Jenkins
Tex. App. · 2018 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Dias v. Goodman Mfg.
discussed Cited as authority (rule) Frederick Robinson v. Jackson State University, et
5th Cir. · 2017 · confidence medium
Because a trial on the merits occurred below, “the evaluation process is streamlined and we proceed directly to the ultimate question of whether the plaintiff presented enough evidence for a jury to find that discrimination occurred.” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004) (internal quotations omitted).
cited Cited as authority (rule) Richard Jones, Jr. v. Wells Fargo Bank, N.A., et a
5th Cir. · 2017 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 486 (5th Cir. 2004) (citation omitted). 6 .
cited Cited as authority (rule) Guadalajara v. Honeywell International, Inc.
W.D. Tex. · 2016 · confidence medium
Lawson v. Parker Hannifin Corp., 614 Fed.Appx. 725, 731 (5th Cir. 2015) (citing Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 489 (5th Cir. 2004)).
cited Cited as authority (rule) Texas State University v. Dr. Kathleen Quinn
Tex. App. · 2016 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Crutcher v. Dallas Indep.
discussed Cited as authority (rule) University of Texas Southwestern Medical Center v. Kimberly A. Saunders
Tex. App. · 2016 · confidence medium
Co., 214 S.W.3d 672, 676 (Tex. App.—Houston [14th Dist.] 2007, pet. denied); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004). 5 Protected activities consist of (1) opposing a discriminatory practice; (2) making or filing a charge; (3) filing a complaint; or (4) testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing.
cited Cited as authority (rule) Donaldson v. Texas Department of Aging & Disability Services
Tex. App. · 2016 · confidence medium
The law governing retaliation claims under Title VII and the TCHRA is largely identical. 1 See Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir.2004); see also Tex Lab.
cited Cited as authority (rule) Trinidad Rivera v. Port Arthur Independent School District, Johnny Brown, Barbara Polk, and Jermaine Cooper
Tex. App. · 2016 · confidence medium
See Burlington N. & Santa Fe Ry. v. White, 548 U.S. 53 , 67–68 (2006); Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004).
discussed Cited as authority (rule) Jaclyn Jurach v. Safety Vision, L.L.C.
5th Cir. · 2016 · confidence medium
Once a prima facie showing has been made, and the defendant articulates a legitimate reason for the adverse employment action, a plaintiff is left to demonstrate that “the employer’s stated reason for the adverse action was merely a pretext for the real, discriminatory purpose.” Pineda v. United Parcel Service, Inc., 360 F.3d 483, 487 (5th Cir.2004) (quoting Gee v. Principi, 289 F.3d 342, 345 (5th Cir.2002)).
cited Cited as authority (rule) Harris County Hospital District v. William Parker
Tex. App. · 2015 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Dias v. Goodman Mfg.
discussed Cited as authority (rule) Bourgeois v. United States Coast Guard (2×)
W.D. La. · 2015 · confidence medium
After the employer states the reason, “any presumption of retaliation drops from the case,” and the. burden shifts back' to the employee to show that the “stated reason is actually a pretext for retaliation.” Baker, 430 F.3d at 755 , citing Pineda v. United Parcel Service, Inc., 360 F.3d 483, 487 (5th Cir.2004).
discussed Cited as authority (rule) Alamo Heights ISD v. Catherine Clark
Tex. App. · 2015 · confidence medium
Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir. 2004); Hernandez v. Grey Wolf Drilling, L.P., 350 S.W.3d 281, 286 (Tex. App.—San Antonio 2011, no pet.); Hagood v. County of El Paso, 408 S.W.3d 515, 526 (Tex. App.—El Paso 2013, no pet.).
discussed Cited as authority (rule) Christie Lawson v. Parker Hannifin Corporation (2×)
5th Cir. · 2015 · confidence medium
Sys., 271 F.3d 212, 220 (5th Cir.2001) (internal quotation marks and brackets omitted). “[WJhere the defendant has proffered a nondiscriminatory purpose for the adverse employment action the plaintiff has the burden of proving that ‘but for’ the discriminatory purpose he would not have been terminated.” Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 487 (5th Cir.2004).
discussed Cited as authority (rule) Crystal Sells, as Personal, etc. v. CSX Transportation, Inc. (2×)
Fla. Dist. Ct. App. · 2015 · confidence medium
Courts should only grant such post-verdict motions when “the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict.” Id. (quoting Pineda v. United Parcel Serv., Inc., 360 F.3d 483, 486 (5th Cir.2004)) (internal quotation marks omitted).
Retrieving the full opinion text from the archive…
Lorenzo PINEDA, III, Plaintiff-Appellee.
v.
UNITED PARCEL SERVICE, INC., Defendant-Appellant
03-50268.
Court of Appeals for the Fifth Circuit.
Mar 15, 2004.
360 F.3d 483
Robert Louis Blumenfeld, Mendel & Blumenfeld, El Paso, TX, for Plaintiff-Appellee., Michael Vincent Galo, Jr., Christine Elaine Reinhard, David Montgomery Evans, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Defendant-Appellant.
Davis, Garza, Little.
Cited by 160 opinions  |  Published
EMILIO M. GARZA, Circuit Judge:

United Parcel Services’ petition for rehearing is GRANTED. The opinion of the court issued on December 30, 2003, at 353 F.3d 414 (5th Cir.2003), is withdrawn, and the following is substituted:

Lorenzo Pineda III brought this retaliation suit under the Texas Commission on Human Rights Act alleging that United[*486] Parcel Services (“UPS”) terminated Ms employment in retaliation for his engaging in certain protected activity. The jury found for Pineda. The district court denied UPS’s motion for a judgment as a matter of law, but it remitted the jury’s compensatory damages award. In this appeal, UPS challenges the jury verdict and seeks further remittitur of the damage award. In light of the Texas Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Canchola, 121 S.W.3d 735 (Tex.2003), we find there is insufficient evidence to support the jury’s verdict.

I

Lorenzo Pineda worked as a business manager for UPS at its El Paso, Texas distribution center. Pineda suffers from diabetes and took a ten month medical leave of absence to treat his condition. While on leave, Pineda filed a charge of disability discrimination against UPS for allegedly delaying his return to work. Shortly thereafter he gave a deposition in a discrimination case brought by another UPS employee. Pineda was subsequently transferred to a UPS facility in Del Rio, Texas.

While Pineda was working at the Del Rio facility, UPS human resources manager Kenny Walker investigated charges that Pineda had threatened violence against three of his coworkers. Pineda denied making any such threats. Walker first suspended and later fired Pineda.

Pineda filed this retaliation suit under Texas law in state court and UPS removed to federal court. Pineda alleged he was fired because he had engaged in the protected activities of filing a discrimination charge and testifying in a discrimination case. When UPS countered that it fired Pineda pursuant to charges by Pineda’s coworkers alleging that he had made threats of violence, Pineda asserted that the investigation was a pretext for UPS’s retaliatory purpose. To support his contention, Pineda presented testimonial evidence that the alleged threats of violence never occurred and that UPS had not pursued similar charges of violence and threatened violence with similar vigor.

The jury found for Pineda and awarded damages, including $400,000 worth of compensatory damages. Following the jury verdict, UPS renewed its motion for a judgment as a matter of law and sought remittitur of the compensatory damages award. The district court refused to disturb the jury verdict but remitted the compensatory damage award to $202,500. UPS now seeks review of both rulings.

II

We review a district court’s denial of a motion for judgment as a matter of law de novo. Thomas v. Texas Dep’t of Criminal Justice, 220 F.3d 389, 392 (5th Cir.2000). A motion for judgment as a matter of law should be granted if “there is no legally sufficient evidentiary basis for a reasonable jury to find for a party.” Fed.R.Civ.P. 50(a). Thus, “if reasonable persons could differ in their interpretations of the evidence, then the motion should be denied.” Thomas, 220 F.3d at 392 (citing Baltazor v. Holmes, 162 F.3d 368, 373 (5th Cir.1998)). “A post-judgment motion for judgment as a matter of law should only be granted when ‘the facts and inferences point so strongly in favor of the movant that a rational jury could not reach a contrary verdict.’ ” Id. (quoting Waymire v. Harris County, Texas, 86 F.3d 424, 427 (5th Cir.1996)). The jury’s verdict is afforded great deference. Thus, when evaluating the sufficiency of the evidence, we view all evidence and draw all reasonable inferences in the light most favorable to the verdict. Id.

[*487] Pineda brought his retaliation claim under § 21.055 of the Texas Commission on Human Rights Act (“TCHRA”). [1] See Tex. Lab.Code § 21.055 (Vernon 1996) (“An employer commits an unlawful employment practice if the employer retaliates against a person who (1) opposes a discriminatory practice; (2) makes or files a charge; (3) files a complaint; or (4) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.”). The purpose the TCHRA is to provide for the execution of the policies of Title VII of the Civil Rights Act of 1964. Tex. Lab.Code § 21.001(1) (Vernon 1996); Quantum Chem. Corp. v. Toennies, 47 S.W.3d 473, 476 (Tex.2001). Thus, “analogous federal statutes and the cases interpreting them guide” the reading of the statute. Quantum, 47 S.W.3d at 476.

In a retaliation case, the plaintiff must first make a prima facie showing: 1) that he is engaged in a protected activity; 2) that an adverse employment action occurred; and 3) that a causal link existed between the protected activity and the adverse action. [2] Gee v. Principi, 289 F.3d 342, 345 (5th Cir.2002). Once the plaintiff makes a prima facie case, “the burden then shifts to the defendant to demonstrate a legitimate nondiscriminatory purpose for the employment action.” Id. If the defendant meets this burden, then the “the plaintiff must prove that the employer’s stated reason for the adverse action was merely a pretext for the real, discriminatory purpose.” Id. When there has been a trial on the merits, the evaluation process is streamlined and we proceed directly “to the ultimate question of whether the plaintiff presented enough evidence for a jury to find that discrimination occurred.” Thomas, 220 F.3d at 393. To satisfy this burden, the plaintiff must offer “some evidence ... that permits the jury to infer that the proffered explanation was a pretext for discrimination. The trier of fact may not simply choose to disbelieve the employer’s explanation in the absence of any evidence showing why it should do so.” Sivanson v. General Services Admin., 110 F.3d 1180, 1185 (5th Cir.1997).

We have consistently held that in retaliation cases where the defendant has proffered a nondiscriminatory purpose for the adverse employment action the plaintiff has the burden of proving that “but for” the discriminatory purpose he would not have been terminated. See Medina v. Ramsey Steel Co., Inc., 238 F.3d 674, 685 (5th Cir.2001) (Plaintiff “must demonstrate that he would not have been terminated ‘but for’ engaging in the protected activity.”); Long v. Eastfield College, 88 F.3d 300, 305 n. 4 (5th Cir.1996) (“[E]ven if a plaintiffs protected conduct is a substantial element in a defendant’s decision to terminate an employee, no liability for unlawful retaliation arises if the employee would have been terminated even in the absence of the protected conduct.”).

Relying on the Texas Supreme Court’s decision in Quanttim Chemical Corp. v. Toennies, Pineda argues that for employment discrimination cases brought under the TCHRA, and in contrast to similar cases brought under Title VII, “the employer commits an unlawful employment practice if discrimination was a motivating factor for [the] employment practice, even if other factors also motivated the practice.” Quantum, 47 S.W.3d at 479-80 (in[*488] ternal quotations omitted). Thus, he argues, the applicable causation requirement under the TCHRA is the less stringent “motivating factor” test, rather than the more stringent “but for” test applicable under Title VII. [3] Pineda incorrectly applies Quantum to this case.

In Quantum, the Texas Supreme Court sought to determine the proper standard of causation for both “pretext” and “mixed motive” employment discrimination suits brought under the TCHRA. See id. at 474. The Texas Supreme Court initially determined that “the proper standard of causation for [the plaintiffs] suit would be the ‘but for’ test that courts originally used for pretext claims.” Id. at 479. However, it further determined that § 21.125(a) of the TCHRA defines the causation requirement such that the discrimination need only be “a motivating factor” in the adverse employment decision to establish liability. Id. at 479-80; see Tex. Lab.Code § 21.125(a) (Vernon 1996). Not finding “relevant textual restrictions on the applicability of this section to unlawful employment practices,” it further found that “ ‘a motivating factor’ is the correct standard of causation .., in all TCHRA unlawful employment practice claims.... ” [4] Quantum, 47 S.W.3d at 479-80.

This holding is not as broad as it first appears. Section 21.125(a) is not applicable in all employment discrimination cases under the TCHRA. Section 21.125(a) provides that “[e]xeept as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age, or disability was a motivating factor for an employment practice....” Tex. Lab.Code § 21.125(a) (emphasis added). Section 21.055 forbids employment discrimination based on certain protected conduct rather than on any of the protected characteristics outlined in § 21.125(a). [5] See Tex. Lab.Code § 21.055. Therefore, § 21.125(a) is inapplicable to employment discrimination cases brought under § 21.055 because § 21.125(a), by its own terms, is only applicable when the alleged discrimination is based on race, color, sex, national origin, religion, age, or disability. See Tex. Lab.Code § 21.055; Tex. Lab.Code § 21.125 (defining its purpose as clarifying prohibition against employment discrimination based on race, col- or, sex, national origin, religion, age, or disability).

As § 21.125(a) is inapplicable to this case, Pineda must show that “but for” UPS’s discriminatory conduct he would not have been fired. See Quantum, 47 S.W.3d at 479 (“[I]f section 21.125 does not apply ... the proper standard of causation ... would be the ‘but for’ test.”); see also Menefee v. McCaw Cellular Communications of Texas, Inc., 2003 WL 1461469 at *3, *6 (Tex.App.Dallas, March 24, 2003, no pet.) (unpublished) (requiring the plaintiff meet the “but for” standard to establish pretext in a post Quantum case under § 21.055). Therefore, “[a] plaintiff asserting a retaliation claim must establish that without [his] protected activity, the- em[*489] ployer’s prohibited conduct would not have occurred when it did.” McMillon v. Texas Dept. of Ins., 963 S.W.2d 935, 940 (Tex. App.1998).

Applying the “but for” causation standard, there is insufficient evidence for the jury to have found that UPS retaliated against Pineda because he engaged in protected activity. Both parties agree that Pineda engaged in protected activity, filing a discrimination complaint and giving a deposition in a separate employment discrimination suit brought against UPS. They further agree that Pineda was subsequently transferred and that UPS eventually terminated his employment. UPS asserts that Pineda was fired after an investigation headed by human resources manager Kenny Walker pursuant to allegations made by Pineda’s co-workers that he had threatened them with physical violence, in violation of company policy. If believed, this explanation is sufficient to establish an alternate, legitimate justification for Pineda’s termination that would negate causation. See Long, 88 F.3d at 305 n. 4 (“[N]o liability for unlawful retaliation arises if the employee would have been terminated even in the absence of the protected conduct.”).

Pineda argues that he presented sufficient evidence for the jury to determine that he was fired because he engaged in protected activity rather than because of any alleged threats of violence. Pineda presented evidence that Walker, the human resources manager who fired him, was aware that Pineda had engaged in the protected activity. Pineda additionally testified that he did not make the alleged threats of violence that UPS claims justified his termination. Two of Pineda’s coworkers further testified that, during the time period when the threats allegedly occurred, they knew of no incidences where Pineda had threatened a coworker. Further they testified that he was not a violent person. Pineda also presented evidence that in the two decades he worked for UPS he had never previously been accused of threatening violence. Finally, Pineda presented testimony from his coworkers that UPS employees regularly yelled at each other using profanity, that other alleged incidences of verbally abusive behavior were not investigated, and that multiple contemporaneous alleged incidences of workplace violence at UPS went unpunished.

To establish retaliation, Pineda relies solely on evidence suggesting that UPS’s investigation came to an incorrect conclusion and was potentially motivated by concerns other than the prevention of workplace violence. The Texas Supreme Court, however, while considering a factually similar case, recently held that to establish that an investigation into an alleged violation of a workplace policy was a pretext for discrimination it is “not sufficient [for the plaintiff] to present evidence that the ... investigation was imperfect, incomplete, or arrived at a possibly incorrect conclusion. He must show that the reason proffered by [the defendant] is ‘false, and discrimination was the real reason.’ ” Canchóla, 121 S.W.3d at 740.

In Wal-Mart v. Canchóla, the Texas Supreme Court overturned a jury verdict in a disability discrimination case brought under the TCHRA. Id. Canchóla claimed that he was fired because of his heart condition. Id. at 737-38. Wal-Mart claimed that it fired Canchóla after an investigation determined that he had sexually harassed a coworker. Id. at 739. Canchóla countered that “Wal-Mart’s investigation into the charges against him was inadequate and one-sided, thus constituting some evidence that Wal-Mart was[*490] motivated by his disability.” [6] Id. He pointed to “evidence [suggesting] that if Wal-Mart had conducted a more thorough and balanced investigation, it could have uncovered exculpatory evidence.” Id. Canchóla presented additional evidence questioning the credibility of his accuser and testimony from his coworkers suggesting that he had not engaged in the alleged sexual harassment. Id. at 739-40. “Finally, Canchóla argue[d] that Wal-Mart did not apply its harassment policy uniformly citing evidence that a non-salaried employee at a different location was demoted rather than terminated after being accused of harassment.” Id. at 740.

The Texas Supreme Court found that “[t]he evidence that Canchóla cites ... assails the quality of Wal-Mart’s investigation and does not, by itself, prove that Canchola’s heart condition was a motivating factor in his termination. An at-will employer does not incur liability for carelessly forming its reasons for termination.” Id. The court emphasized that because Canchóla was an “at-will employee” he could have been fired for poor performance, “for the sexual harassment accusations made against him, or for no reason at all.” Id. Noting that “even if the reasons Wal-Mart cited for terminating Canchóla were false, he still bore the ultimate burden to prove that Wal-Mart discriminated against him because of his disability,” the court counseled that “[t]he relevant inquiry is not whether the complaints made against Canchóla were a pretext,” but whether they were a pretext for prohibited discrimination. See id. Finding that Can-chóla presented no evidence other than the alleged infirmities with Wal-Mart’s investigation of the sexual harassment claims against him to establish discrimination, the Texas Supreme Court determined that he “offered no evidence to show that Wal-Mart management was motivated to terminate him because of his heart condition,” and ruled that there was insufficient evidence to support the jury’s verdict. Id.

In this case, Pineda presented evidence suggesting that he did not commit the acts alleged by his coworkers and that UPS selectively investigated and terminated him. However, he presented no evidence that independently suggests that UPS falsely and selectively fired him because he engaged in protected activity, or that had he not engaged in that activity he would not have been terminated. It is Pineda’s burden to present evidence demonstrating that he was fired for a prohibited reason. See id. Pineda presented no such independent evidence to the jury. [7] Thus, as a matter of Texas law, he cannot establish a retaliation claim under the TCHRA and, consequently, there is insufficient evidence to support the jury’s verdict in his favor. [8]

Ill

The district court’s ruling denying UPS’s motion requesting a judgment as a[*491] matter of law is REVERSED. This case is remanded to the district court for entry of judgment in favor of the defendant. [9]

1

. This is a diversity action, federal civil rights law is not implicated.

2

. Texas courts have articulated the same elements for establishing a prima facie case of retaliation as federal courts. See Wal-Mart Stores, Inc. v. Lane, 31 S.W.3d 282, 295 (Tex.App.2000).

3

. The jury in this case was instructed to apply the “but for” standard.

4

. The central issue in Quantum was whether the causation requirement was different for a "pretext case” than it was for a "mixed-motive case.” See Quantum, 47 S.W.3d at 476-80. Therefore, when the Texas Supreme Court stated that “a motivating factor” was the causation requirement for all employment discrimination cases, the court meant that the standard was the applicable standard in both pretext and mixed motive employment discrimination cases where § 21.125(a) was applicable.

5

.In Quantum the Texas Supreme Court looked to § 21.125(a) for guidance because the plaintiff alleged age discrimination.

6

. The Texas Supreme Court applied the less stringent "motivating factor” test because Canchóla alleged disability discrimination. See § 21.125(a); Quantum, 47 S.W.3d at 479-80.

7

. Although we apply the "but for” causation standard in this case, Pineda’s claim would also fail under the "motivating factor” test applied in Canchóla.

8

. Although the Texas Supreme Court based its conclusions in Canchóla on its interpretation of the Supreme Court's decision in Reeves v. Sanderson, 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000), it did so for purposes of the TCHRA only. As only Texas law is implicated in this case, we do not consider whether the Texas Supreme Court correctly interpreted Reeves. Further, our ruling in this case should not be interpreted as an adoption of Canchóla for purposes of federal civil rights law.

9

. We do not reach the remittitur issue because it is moot.