Do you monitor all discipline and make sure employees who break the same rule suffer similar consequences? It’s the best way to win discrimination lawsuits.
If an employee can’t show he was treated differently than others outside his protected status, he won’t win the case unless there’s other direct evidence of discrimination.
Recent case: Algernon was suspended for 30 days from his job as an administrative law judge for the Social Security Administration. At the time, he was almost 70 years old. He was punished for allegedly making false entries on his time sheets.
Algernon sued, alleging age discrimination. But he couldn’t point to anyone younger who had not been punished for similar conduct. His case was dismissed. (Tinsley v. Astrue, No. 11-2156, 4th Cir., 2012)