an employer has produced sufficient evidence to support a nondiscriminatory explanation for its decision to terminate an employee, the employee may “establish that he was the victim of intentional discrimination ‘by showing that the employer’s proffered explanation is unworthy of credence.’” Reeves v. Sanderson Plumbing Prod., Inc., 120 S.Ct. 2097, 2106 (2000) (quoting Texas Dept. of Community Affairs v. Burdine, 101 S.Ct. 1089, 1095 (1981)). “[I]t is permissible for the trier of fact to infer the ultimate fact of discrimination from the falsity of the employer’s explanation.” Reeves, 120 S.Ct. at 2108 (emphasis in original).
Southwest asserted at trial that it had fired Carmona for violating its attendance policy. Carmona introduced evidence in the form of documents and testimony that five other flight attendants had reached or exceeded twelve attendance points without being terminated. Southwest admitted that all five of these flight attendants were female, but their identities were not disclosed. The district court admitted portions of their attendance records in Plaintiff’s Exhibits 4 through 9. Plaintiff’s Exhibits 7 and 8 were taken from the same employee’s record. Because the names of these employees were withheld, we will refer to each by the number of the exhibit that contained her employment records.
Southwest argues on appeal, as it argued at trial, that none of these employees’ situations were similar to Carmona’s. Clark testified that Employees 4, 5, and 9 were not terminated, even though they reached or exceeded twelve attendance points, because they were not timely issued one or more of the warning letters that had to be issued before termination could occur under the Agreement between Southwest and its flight attendants. However, as Carmona’s attorney noted at trial, and as Carmona argues now, the memoranda found in Plaintiff’s Exhibits 4, 5, and 9 all state that these