Employers that keep good records seldom lose when an employee claims he was fired for discriminatory reasons. It helps to be able to show that everyone who broke the same rule received the same punishment.
Recent case: Johnny, who is black and older than 40, worked for a city public works department. He got angry when his boss told him a younger worker was going to take over his driving responsibilities. When Johnny refused to work despite there being no other changes to his job, he was fired for insubordination.
Johnny sued for age and race bias. He claimed older, black workers were fired more frequently than other workers. But the city’s records showed that a young white worker had been fired for insubordination. That sank Johnny’s case. (Grant v. City of Blytheville, No. 15-2427, 8th Cir., 2016)
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