Here’s a common sense conclusion: Firing someone you suspect may be a racist is a legitimate decision.
Recent case: Martine, who is white, claims that a white supervisor fired her because she wanted to balance the racial makeup of the workplace. Martine also wanted to show that she was allegedly fired because the supervisor perceived Martine to have “low expectations” for her black students and that this somehow amounted to reverse discrimination against her because she is white.
The court rejected that argument, stating that, “An employer may discharge an employee believed to be racist without running afoul of Title VII.”
The court did, however, let go forward Martine’s claim she had been fired to change the racial makeup of the workplace. (Devine v. Pittsburgh Board of Public Education, et al., No. 2:13-CV-220, WD PA, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Degree of control changes status from contractor to employee
- Beware subtle age-bias peril: Don't assume older employees are ready to retire
- Beware jumping the gun when firing injured worker
- In Chicago classroom, teachable moment or racism?