Takeaway: Employees may be able to defeat summary judgment on retaliation claims despite an employer's reliance on legitimate, nondiscriminatory reasons for termination. In the context of employee misconduct or company policy violations reported to HR or decision-makers by a supervisor, companies should ensure that subsequent investigations are independent and outcomes are consistent with past practice and prior discipline for similar violations.

A panel of judges for the 6th U.S. Circuit Court of Appeals reversed a district court decision granting summary judgment to State Farm Mutual Automobile Insurance Co. on claims of federal and state law retaliation brought by a former longtime State Farm employee. The employee had helped a colleague secure an accommodation under the Americans with Disabilities Act (ADA), and the colleague's supervisor opposed the accommodation.

A few months later, while temporarily supervising the employee's team, the colleague's supervisor reported the employee to HR for time card falsification, which led to the employee’s termination after further investigation.

The employee sued State Farm for retaliation under the ADA and Ohio law, alleging the supervisor had singled her out for conduct that was common among employees on her team because the employee had helped her colleague advocate for and seek the ADA accommodation. The district court granted summary judgment to State Farm based on its "honest belief" in the employee's misconduct and the...

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