Here’s a good way to avoid litigation: If you are about to punish a worker for, do a quick self-audit to see if other employees received similar punishment. Then see if those punished more leniently happened to belong to a different protected class than the employee you are about to punish. If so, reconsider.
Recent case: Nancy worked as a counselor at a prison. When an inmate she was supposed to assess committed suicide, she was terminated for allegedly not conducting the appropriate tests.
She sued, alleging sex discrimination. She pointed out that others who might also reasonably have prevented the suicide had not been discharged. Several male guards, for example, didn’t check the inmate’s cell as required and missed the suicide. They were merely suspended.
That was enough for the court to order a sex discrimination trial. (Kunsak v, Wetzel, et al., No. 15-1648, WD PA, 2016)
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