When you evaluate whether a former employee may sue you successfully over her discharge, consider this: If you replaced her with someone belonging to the same protected class, she’ll have a hard time winning a lawsuit that claims you were biased against her class.
Recent case: Maria, a 57-year-old Hispanic woman, was fired for disruptive behavior at work. She sued, alleging national-origin, sex and age discrimination.
But the employer showed that it replaced her with another Hispanic woman who was also over age 40. Plus, most of her co-workers were older Hispanic women. The case was dismissed. (Vasquez v. Nueces County, No. 13-40453, 5th Cir., 2013)
Final note: Of course, having a workforce made up largely of one subset of the labor pool may trigger other discrimination claims from, for example, men, blacks or other protected groups.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Associational discrimination: How close is close enough?
- Court: Business burden won't be allowed to stall EEOC case
- When the lawsuit is frivolous, employee may have to pay employer's attorneys' fees
- Review your severance packages; EEOC tightening scrutiny