A recent decision by a U.S. Court of Appeals illustrates how robust documentation on the part of employers can thwart questionable discrimination lawsuits filed by employees or job applicants.
While the decision by the appellate court for the Fourth Circuit in Chapman v. Maryland Department of State Police is not binding outside Maryland, it reinforces the notion that consistent, specific and timely documentation can defeat discrimination lawsuits before they go to trial.
Case background
A deputy chief challenged his termination from the Maryland Office of the State Fire Marshal, asserting that it was discriminatory and made with malice.
The employer, asserting that the deputy chief had performance problems and had been warned on numerous occasions, filed a motion for summary judgment to have the case thrown out. It backed that motion with a trove of documentation.
The Fourth Circuit dismissed the case, noting that:
- The employer had documented in detail repeated performance problems by the plaintiff,
- Managers and supervisors had consistently explained to the employee that his performance was substandard,
- Documentation provided a timeline of ongoing efforts to correct the deputy chief's performance problems, and
- The company provided evidence that contradicted the plaintiff's accusations that the employer engaged in racial discrimination and had orchestrated his firing.
The court dismissed the case on the grounds that the employer was able to show that it had warned the deputy chief on multiple occasions of his poor performance and had meticulously documented his transgressions, warnings by management and every meeting that supervisors and managers had with him to discuss his performance issues.
Why this case matters
While this case is not binding outside Maryland, it's an important lesson for firms facing claims of discrimination by staff under state or federal laws. It illustrates the importance of keeping detailed records of employee warnings for poor performance or problematic behavior, complaints by other staff or customers and efforts to get the worker to change their ways.
If an employer can provide documentation that is consistent, credible and shows that warnings were issued in a timely fashion, it has a strong chance of avoiding trial.
The takeaway
The key to beating a claim of discrimination after a personnel decision is strong documentation. The requires:
Consistency — The Maryland State Police were able to get the case thrown out because every document, e-mail and evaluation told the same story of poor performance.
Details — The employer's documentation included details of performance problems as well as documentation of meetings and e-mails it had sent to the employee warning him about his poor conduct. The key here is providing specifics and not general statements.
Immediate documentation — The police department's timely documentation of Chapman's performance issues was essential. After a transgression or poor performance occurred, it was immediately documented. If you document events months after they occur, remember that memory fades and courts will ask why it took so long.
Training — Supervisors should be trained to document the expectations they've communicated to the employee, any follow-up conversation they have with a staff member about their performance or behavior and corrective steps they took. Don't assume the supervisors know to do this; train them.
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