  termination:       his

disciplinary problems and threatening actions toward Garduno, was

a mere pretext for racial discrimination.

       McKinney's response consists of two arguments.                             First, he

offers differing accounts of all three relevant incidents (the

confrontation with the gas station attendant, the refusal to

provide a home telephone number, and the threat against Garduno).

Second, he complains that racial epithets were employed at the

workplace, which shows that the disciplinary justification offered

by TxDOT is pretext.

       With respect to his alternate factual accounts of events,

McKinney     Lexington Public Relations

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