A teacher taught mathematics at a high school. She was the only teacher in the math department who was also certified to teach Spanish. The district assigned her in June to teach a combination of three Spanish and three math classes rather than only math classes for the upcoming school year. However, at the end of the summer she learned that she would be teaching six Spanish classes and not the mixed Spanish and math courseload that she had originally been assigned. She filed a grievance regarding her assignment. After filing her grievance, she received seven walkthroughs in five months. She filed a discrimination complaint with the EEOC, alleging that she was reassigned and subjected to the walkthroughs because she was a woman and of Mexican origin. She received a negative walkthrough on the same day that the school board was scheduled to consider her pending complaint. She filed a lawsuit and conceded during the course of the litigation that no one in administration had ever made any racially or sexually discriminatory comments toward her.

The district requested that the lawsuit be dismissed and the trial court agreed. The teacher appealed. The court of appeals agreed that the lawsuit should be dismissed. The teacher argued that she had proven discrimination based on national origin because she was Hispanic and was asked to teach a Spanish class. However, she was certified to teach Spanish and was the only math teacher also certified in Spanish. She was also unable to prove that the assignment was based on gender discrimination. The court stated that her subjective belief that she was discriminated against was not enough and that she needed to provide evidence that “goes beyond bare assertions” to support her claims.