to make a showing sufficient to establish the existence of an essential element to that party’s ease, and on which the party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. at 2552. III. DISCUSSION A Title VII Claims 1. DISCRIMINATORY DENIAL OF PROMOTION In an action under Title VII of the Civil Rights Act, the plaintiff can establish a prima facie case of racial discrimination in one of two ways. First, the plaintiff can offer either direct evidence of discrimination or indirect evidence whose cumulative probative force would support to a reasonable probability the inference that “but for” plaintiffs race, she would have been promoted. McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 282 n. 10, 96 S.Ct. 2574, 2580 n. 10, 49 L.Ed.2d 493 (1976) (<HOLDING>); see also Lovelace v. Sherwin-Williams Co.,
holding that even if the standard for waiver is clear the standard was not met holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict holding that claims under  2000e2 are resolved by the but for standard holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss holding that but for standard applied to retaliation case brought under texas law