Some things in life are certain. Like death and taxes, litigation following a firing after a discrimination complaint will happen.
The reason: Judges are reluctant to toss out retaliation claims without first hearing all the evidence.
That’s why it’s crucial for employers to have rock solid reasons they can readily explain for firing an employee who has complained.
Recent case: Vicky worked for a liquor company for 28 years until she was fired after using up all her accumulated leave for mental health treatment. Shortly before her discharge, Vicky filed an EEOC sexual harassment and discrimination complaint and made a workers’ compensation claim.
Vicky’s complaints outlined what she called 28 years of almost constant sexual harassment and intimidation. She claimed various supervisors had tied promotions and good reviews to requests for sexual favors. She said that she had woken up after being intoxicated to find a supervisor close by and herself undressed. She claimed she had been forced to perform oral sex at work.
Vicky’s workers’ compensation case was dismissed after co-workers testified that she never complained about sexual harassment and supervisors denied any harassment or sexual activity.
But that wasn’t good enough for the federal court hearing her retaliation complaint. It said the case should proceed, with each side required to provide testimony about the alleged harassment and the employer having to explain exactly why it fired Vicky so soon after she filed her EEOC complaint. (Sloth v. Constellation Brands, et al., No. 11-CV-6041, WD NY, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't let rogue supervisor destroy your solid training and promotion program
- Being the only member of a protected class isn't direct evidence of discrimination
- Sexual favoritism must be pervasive
- Establish clear discipline policies--and follow them for every employee, every time