11th Circ. Reminds Employers Why Best Practices Matter
Law360 (November 2, 2018, 11:34 AM EDT) -- What happens when an employer's allegedly good documentation of an employee's poor performance is met with an employee's allegations that she was subjected to multiple racially charged comments in a two-month period? A reality check for employers that they may still face liability for unlawful employment practices even if they have legitimate, nondiscriminatory reasons for terminating an employee which the employee cannot show were pretextual.
In Smelter v. Southern Homecare Services Inc., the employee was the sole black worker at one of the employer's branch offices. According to the court's opinion, after her hire, she began having performance issues...
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