As our employment discrimination lawyers have blogged about before, it is never good for the employee when the court opinion starts off with “David Edward Ellis, proceeding pro se …”, which is how our example case started in Ellis v. Schneider Nat’l Carriers, Inc., No. 23-40611, 2024 WL 1693875, at *1 (5th Cir. Apr. 19, 2024). Pro se means representing oneself in a legal proceeding without the assistance of a lawyer. This is often a problem because employees trying to bring claims on their own often miss good claims, bring bad claims, and then do not know how to properly argue the claims that they brought.
Ellis, for example, brought a wrongful termination based on religious discrimination, age discrimination, and disability discrimination cases arising out of his employment with Schneider National Carriers, Inc., where he was employed as a long-haul trucker for approximately five months. The problem is that Ellis pointed to absolutely no evidence that he was fired for anything that had to do with his religion, age, or any disability that he might have.
In October 2019, Ellis penned a fiery email to his manager airing grievances against dispatcher Victoria Solares, alleging her preference for telephone communication, as opposed to messaging, stemmed from her purported romantic interest in him. Ellis followed this email up by emailing a subsequent missive to four colleagues laced with inappropriate sexual innuendos. Despite being placed on a performance improvement plan by Schneider for his indiscretions, Ellis persisted in sending further emails adorned with colorful epithets like “the Church of Latter-Day Holy Whoremongers,” “the USS Battle-Bitch Whore-Fang,” and “the USS Battle-Bitch Whore-Fang.” He was fired the next day.
In employment discrimination claims under Title VII of the Civil Rights Act of 1964, the employee filing the claim must show they were treated unfairly at work because of something like their race/color, gender, sexual orientation, religion, or other protected characteristic. The employee will also need to prove this treatment caused harm, like being fired or not getting promoted. If the employer gives a reason for the unfair treatment, the employee must then show it’s not true or is just an excuse for discrimination, which is called pretext.
Attempting to assert that termination of employment for sending emails rife with sexually harassing language is pretext borders on the absurd – especially after a previous warning. Any argument that disciplinary measures taken in response to such egregious misconduct are pretextual is bound to fail. In reality, the overt nature of the offense leaves no room for doubt or equivocation. Employers must legally take steps to protect employees who report sexual harassment or a sexually hostile work environment. With a very limited exception, courts will not hold employers liable for taking corrective actions to stop sexual harassment.
What the exception? An employer cannot issue uneven discipline for the same or similar conduct of similarly situated employees based on a protected class or in retaliation for engaging in protected conduct. For example, if a company has a history or practice of giving white employees three warnings for sending sexually harassing emails, it could be a violation of Title VII if that employer then immediately fires a Black or Mexican employee for sending the same or very similar emails.
Best Wrongful Termination Attorney Blogs on Point:
- Employers Do Not Automatically Win A Wrongful Termination Because Employee Violated Rule
- Yes, You Can Be Fired For Refusing Remedial Training
- Yes, You Can Be Fired For Saying “F*ck (Race) People”
- Yes, You Can Be Fired For Sexually Harassing Multiple Women At Work
- Yes, You Can Be Fired For Not Reporting Your Boss’s Sexual Harassment
What should I do if I was wrongfully fired today?
Consulting an employee rights attorney is crucial when considering a discrimination or wrongful termination claim because employment law can be complex, and having a legal expert on your side ensures that you understand your rights, obligations, and options. An attorney specializing in employee rights can assess your case, provide guidance on the best course of action, and advocate for your interests, helping you navigate the legal process effectively.
Spitz, The Employee’s attorney, is the right choice for several reasons. First, Spitz specializes in employment law and has extensive experience representing employees in discrimination and wrongful termination cases. This expertise means they understand the nuances of employment law and can provide tailored advice based on the specifics of your situation.
Second, Spitz has a proven track record of success in advocating for employee rights. Their reputation for zealous advocacy and commitment to securing favorable outcomes for their clients speaks volumes about their competence and dedication.
Furthermore, Spitz values open communication and client satisfaction, ensuring that you feel heard, informed, and empowered throughout the legal proceedings. They prioritize building strong attorney-client relationships based on trust, transparency, and mutual respect, which is essential for navigating the complexities of employment disputes effectively.
Overall, Spitz’s expertise, track record, and client-centered approach make them the ideal choice for anyone seeking representation in an employment discrimination or wrongful termination claim. With Spitz by your side, you can trust that your rights will be vigorously defended, and your best interests will be prioritized every step of the way.
Best Employee’s Rights Law Firm Blogs on Point:
- Good Attorneys Will Help You Not Bring Bad Claims
- It’s Critical To Hire Good Attorneys And Tell Them Everything
- What Happens If I Don’t Call the Right Attorney?
- How Much Does It Cost To Hire An Employment Lawyer?
Disclaimer:
The information provided on this race, gender, religious discrimination blog is for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The content of this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between the author and the reader. While we strive to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Should you be facing wrongful termination, discrimination, or harassment, you should directly consult with the best employee’s rights lawyer in your area regarding the facts specific to your case.