Takeaway: Inconsistencies in corrective action given to employees for similar misconduct may lead to discrimination and retaliation claims. Employers should consider the relevant circumstances of the employee's actions and how similar issues have been addressed in the past before issuing discipline. Documenting the basis for a particular course of action and emphasizing those factors that would distinguish arguably comparable employees puts employers in a stronger position to defend against potential legal challenges.
The 4th U.S. Circuit Court of Appeals recently reversed a district court's order holding an employer liable for sex discrimination, concluding that the plaintiff did not satisfy her burden to prove her sex played a role in the termination of her employment.
The plaintiff brought a discrimination claim against the defendant, her former employer, under the West Virginia Human Rights Act, which courts interpret as consistent with Title VII of the Civil Rights Act of 1964. Following a bench trial, the district court found the defendant liable and awarded the plaintiff damages totaling $150,141, plus attorney fees and costs.
The plaintiff had been a high-performing sales representative for the defendant, a supplier of respiratory equipment. A substantial portion of her pay came from commissions earned on equipment supplied to patients per their doctors' orders. Her responsibilities included educating doctors about what information to put in order forms so...
Abbott Laboratories agreed to pay $385 million to settle U.S. allegations related to poor manufacturing practices at two facilities, including one involving an investigation of a contaminated faci...