A Kerrville woman was fired for sending a text message on a city-owned phone that was allegedly vulgar.  Janet Holmes has filed suit claiming she was fired for conduct similar to that of male employees who were not fired.  See San Antonio Express News story.  Plaintiff Holmes, a former administrative assistant was fired from Kerrville City Hall.  Ms. Holmes field suit in US District Court in San Antonio. 

This is the basis for many discrimination suits: a person (in a protected category) is fired for the very same conduct for which another person (not in the protected category) is not fired for.  To succeed, such cases require that the employee show the conduct is truly similar and that the managers making the decisions to terminate or not terminate are the same.