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The Employer Handbook Blog
When the Documentation Is Rock Solid, Pretext Claims Don’t Stand a Chance
Some lawsuits keep you guessing. This one did not. When a court reviews missed deadlines, clear directives, and an internal investigation confirming the same issues, the outcome writes itself.
And as the Fourth Circuit reminded everyone, reporting discrimination does not make documented performance problems disappear.
TL;DR: An employee responsible for fire investigation reports had a long record of overdue work, repeatedly missed written deadlines, and supervised a region with far more outstanding reports than any other. Even after he reported racially insensitive comments, the performance issues continued. The Fourth Circuit held he did not show pretext.
Before the Discrimination Complaints
The employee investigated fires and supervised others doing the same. Prosecutors and insurers relied on these reports.
Before any protected activity, he already had 20 to 30 overdue reports. His region also lagged. Internal reviews later showed 282 overdue reports in 2019 and 239 in 2021, far more than any other region. His own overdue count rose from 36 to 40 during that period.
Leadership repeatedly instructed him to correct the backlog. In February 2021, senior leadership emailed each deputy chief their overdue-report list. The other two deputy chiefs cleared theirs within weeks. He did not.
He was then directed to complete five overdue reports by early March and later ten overdue reports each month. He missed both deadlines.
After the Discrimination Complaints
In March 2021, he reported racially insensitive comments. In June 2021, he filed a formal internal complaint.
The next day, he was reassigned to headquarters with administrative support and required to submit at least five completed reports per month. Even with fewer responsibilities, he continued missing deadlines.
In August 2021, the employer filed a disciplinary complaint. He was suspended with pay in October 2021. Internal Affairs later confirmed that his region had far more overdue reports than any other, that no other deputy chief had overdue personal reports by November 2021, and that he admitted he had not completed overdue reports in violation of policy.
Why the Court Found No Pretext
The Fourth Circuit focused on whether he produced evidence showing the employer’s stated reasons were false. He did not.
1. The performance record was clear
The backlog predated his complaints by years. He repeatedly missed deadlines. The court described the evidence as unrefuted.
2. Comparators did not help him
He had 50 overdue reports. Others had 1 and 16. They cleared theirs quickly. The conduct was not comparable.
3. Timing did not support him
Leadership had addressed the backlog months and years before he complained. His argument that the employer suddenly cared after his complaint was inconsistent with the record.
4. Insensitive comments were too remote
The comments he identified were offensive but not tied to the decisions at issue and not made by decisionmakers.
5. No evidence the explanation was false
He offered nothing contradicting the employer’s stated reason: failure to complete overdue reports.
Employer Takeaways
- Strong documentation wins cases. Years of deadlines, directives, and follow ups left no room for speculation.
- Comparator evidence must match the conduct. Large performance gaps destroy comparator arguments.
- Protected activity is not a shield. Employers may continue enforcing expectations when reasons are legitimate and documented.
- Internal investigations matter. Independent fact gathering supported the employer’s stated reasons.
- Consistency is key. Clear expectations, consistent enforcement, and escalation carried the day.
This case is a reminder that courts look past workplace drama and focus on the record. When performance expectations are clear, consistently enforced, and well documented, pretext claims rarely survive. Employers who invest in steady, disciplined documentation do not just manage better. They litigate better too.
Or avoid the courtroom altogether.