Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.
Recent case: Narendra Patel worked as an engineer for the Texas Department of Transportation. Patel is of Indian national origin and speaks with a distinct accent.
Over the years, he frequently was written up for poor work, including unprofessionalism and poor customer service skills. The disciplinary record included details of specific complaints. Patel was fired after his performance didn’t improve. He sued for discrimination.
He lost, however, when he couldn’t point to any non-Indian employee with a similar disciplinary history who was treated more favorably. (Patel v. Texas Department of Transportation, No. 11-50116, 5th Cir., 2012)
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