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She Admitted to Falsifying Company Records—And Might Still Win Her Lawsuit
Over the weekend, I came across a court ruling highlighting a surprising legal reality: an employee who admits to breaking company rules can still have a valid discrimination case.
Here’s what happened: A team leader at a supermarket chain was responsible for overseeing the food service and deli departments. One of her key duties was maintaining food safety logs. The company had repeatedly warned her about failing to do so, and in 2018, she was caught falsifying those records—a fact she openly admitted.
Seems like a clear-cut case for termination, right? Not so fast.
When Misconduct and Discrimination Overlap
The former employee sued, claiming she was fired not just for falsifying records but also because of gender discrimination. She pointed to repeated sexist remarks from her direct supervisor, who was involved in her termination decision. According to her, the supervisor said:
- He didn’t think women should be managers.
- Management was too stressful for women.
- Women were too sensitive for leadership roles.
These comments were made as recently as two months before she was fired.
The lower court initially dismissed the case, reasoning that since she admitted to misconduct, the company had a legitimate reason for firing her. But the Second Circuit Court of Appeals disagreed.
The “Mixed-Motive” Standard
In discrimination cases, employers often defend terminations by citing legitimate business reasons, like rule violations or poor performance. But under Title VII of the Civil Rights Act, an employer can still be found liable if discrimination was a motivating factor—even if the termination was partly justified.
The Second Circuit reaffirmed that an employee does not have to prove that an employer’s reason was false (a legal concept called “pretext”). Instead, an employee can win if they show that bias played at least some role in the decision.
Because the former employee provided testimony that her supervisor made sexist remarks and played a role in her termination, the court ruled that a jury should decide whether her firing was influenced by gender bias.
Takeaways for Employers
- Bias Still Matters—Even When Misconduct is Clear
Just because an employee breaks the rules doesn’t mean they can’t also be a victim of discrimination. If there’s evidence that bias influenced the decision, employers could still face legal trouble. - Supervisor Comments Can Sink Your Case
Offhand remarks—especially from decision-makers—can be used as evidence of discrimination. Employers should train managers to avoid making biased comments, even casually. - Document Everything—Consistently
Consistency in disciplinary actions is crucial. If similar rule violations by other employees didn’t result in termination, it could strengthen a discrimination claim. Proper documentation helps defend against such lawsuits.
While no employer wants to navigate a lawsuit like this, it’s a reminder that employment decisions are rarely black and white. Taking proactive steps to prevent discrimination can help avoid costly legal battles.