How A Bad Attorney Can Sink Your Case

I remember going up and playing kickball in the yard. Inevitably, something would go wrong and one of use would yell, “do over!” Everyone would then start over. There are no do overs in litigation. When your lawyer fails, your case fails.

A strong employment discrimination case requires more than just a good claim—it requires an attorney who knows how to prove it. Unfortunately, in Parker v. USDA, 2025 WL 649898 (8th Cir. Feb. 28, 2025), the employee’s case fell apart because her attorney failed to gather critical evidence and properly cite the record. Let’s break down two key areas where attorney missteps sank the case: failure to promote and hostile work environment claims based on race/color discrimination and gender discrimination.

Deidre Parker, a Black woman, was employed as a Program Management Assistant at the Risk Management Agency (RMA) within the U.S. Department of Agriculture (USDA). She worked at a GS-7 pay grade, handling administrative tasks like managing time sheets, maintaining records, and generating reports. Over time, due to changes in the agency’s timekeeping system, her job duties diminished, and she frequently sought additional responsibilities and promotional opportunities.

During her employment, Parker alleged that she was unfairly denied promotions and was subjected to a hostile work environment based on her race and gender. She filed two Equal Employment Opportunity Commission (“EEOC”) complaints, one in 2017 and another in 2018, alleging discrimination and retaliation. After the EEOC did nothing, as expected, and she exhaust her administrative remedies, Parker hired and attorney and filed an employment discrimination lawsuit under Title VII of the Civil Rights Act of 1964. However, due to her attorney’s failure to gather key evidence and present a legally sound argument, the U.S. District Court for the Western District of Missouri granted summary judgment in favor of the USDA and dismissed her race and gender discrimination claim. The Eighth Circuit Court of Appeals later affirmed this ruling, finding that Parker’s employment discrimination claims lacked the necessary evidence to survive legal scrutiny.

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Failure to Promote: If You Don’t Know Who Got the Job, You Can’t Win

Under Title VII and similar employee’s right statutes, employees claiming failure to promote due to discrimination must show:

1. They are a member of a protected class (e.g., race, gender, age, national origin, religion, gender identity, sexual orientation, and religion).
2. They were qualified for the position.
3. They were denied the promotion.
4. The employer gave the job to someone outside their protected class or engaged in conduct that suggests discriminatory intent.

Parker alleged that she applied for three promotions, but that lesser-qualified white women were selected instead. However, her claim fell apart because her attorney failed to obtain evidence on who was promoted and their qualifications. As the Eighth Circuit Court of Appeals held: “Parker provides no admissible evidence about who was promoted over her; aside from Parker’s speculation, there is no evidence as to who was ultimately selected for promotion and her qualifications.” Parker at *4.

Additionally, Parker’s claims failed because she had no admissible evidence that she (1) actually applied for a promotion nor (2) was denied a transfer based on her gender or race.

Likewise, Parker’s failure-to-promote claims failed because she did not demonstrate that “similarly situated employees, not part of the protected group, were promoted” over her. While Parker was rated “best qualified” on her applications, she provided no admissible evidence about who was promoted over her. Without this information, she could not establish that the decision was discriminatory. Indeed, the person may have been the same race and gender or simply may have been more qualified. Almost directly pointing its judicial finger at her lawyer, the Court held that it is clearly proper to grant summary judgment to employer when employee “did not even investigate the qualifications of the individuals who were promoted” over her or offer evidence of how the decision was made. Parker at *4.

A good employment law attorney has multiple tools at their disposal to uncover who was promoted and why:

• Interrogatories – Written questions requiring the employer to identify the selected candidate and their qualifications.
• Depositions – Sworn testimony from hiring managers explaining their selection process.
• Document Requests – Demanding the employer produce hiring records, resumes, and internal evaluation scores.
• Affidavits from Witnesses – Statements from colleagues who may have insight into the selection process or bias in hiring decisions.

Had Parker’s attorney used these basic litigation tools, they could have built a case showing that less-qualified candidates received the promotions. Instead, they failed to gather the necessary proof, and Parker’s claim was dismissed. Just saying it was discriminatory is not enough.

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Hostile Work Environment: You Have to Connect the Harassment to a Protected Class

To prove a hostile work environment claim under Title VII, an employee must demonstrate:

1. They are a member of a protected class (gender, age, race, religion, sexual orientation, national origin, gender identity).
2. They were subjected to unwelcome harassment.
3. The harassment occurred because of their protected status (sexual orientation, gender, age, national origin, race, religion, gender identity).
4. The harassment was severe or pervasive enough to affect employment conditions.

Parker made broad claims that she was mistreated based on race and gender, including being given menial tasks, receiving letters of counseling, and being ignored by her supervisor. However, the court found that she failed to show any connection between these incidents and her race or gender. As the court noted, her brief was “riddled with accusations … without any citation to the record.” Parker at *5.  This means that she failed to point to the evidence. This is a fatal flaw in any discrimination case.

What a Good Attorney Would Have Done

Parker’s attorney should have provided actual evidence linking her mistreatment to discrimination. That could include:

• Direct Evidence – Racist or sexist comments from supervisors.
• Comparative Evidence – Showing that similarly situated white employees were treated better.
• Witness Testimony – Colleagues confirming bias or discriminatory behavior.
• Employment Records – Internal complaints, HR investigations, or disciplinary disparities.

Instead of presenting evidence, Parker’s attorney relied on speculation and broad accusations, which the court dismissed outright. Without proof that her race or gender motivated the alleged mistreatment, her claim failed.

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Choose an Attorney Who Knows How to Win

At Spitz, The Employee’s Law Firm, we don’t just take cases—we build winning strategies backed by solid evidence and relentless advocacy. Employment discrimination cases require a deep understanding of the law, aggressive legal tactics, and airtight arguments based on verifiable facts. Unlike some attorneys who fail to ask the right questions or dig deep for critical information, we leave no stone unturned.

Our attorneys know how to force employers to produce key documents, uncover hidden biases through depositions, and challenge weak defenses with hard-hitting legal arguments. We use interrogatories, document subpoenas, sworn witness statements, and expert testimony to ensure that no crucial piece of evidence is overlooked.

Choosing the right lawyer can mean the difference between winning your case and losing due to an attorney’s incompetence. If you have been denied a promotion, subjected to discrimination, or retaliated against, don’t take chances with an attorney who doesn’t know how to fight and win. Call us today for a free consultation—because you deserve a lawyer who will do the job right.

If you have been denied a promotion or subjected to workplace discrimination, don’t let an inexperienced or careless lawyer be the reason you lose your case. Call us today for a free consultation and let us fight for your rights.

Attorney Disclaimer:

This race and gender discrimination blog is an advertisement for legal services and is for general informational purposes only. Do not rely on any information contained in this employee’s rights blog for legal advice. No attorney-client relationship is created by reading this blog. Employment laws vary between jurisdictions, and each case depends on specific facts regarding what happened in the workplace between the employer and employee/. Spitz, The Employee’s Law Firm is dedicated to protecting employees’ rights, but past results do not guarantee future outcomes. If you believe you have experienced workplace discrimination, wrongful termination, retaliation, harassment, discrimination, or any other employment law violation, consult an employment attorney immediately.