You know how every office has that one person who treats team meetings like they are the star of a reality show reunion special? Now imagine that person is your boss. And she turns off the air conditioning in the middle of a scorching Arizona summer—not for cost savings, not for energy conservation, but because it interferes with her phone calls. Welcome to Zuniga v. Gowan Milling, LLC, 2025 WL 1500535 (9th Cir. May 27, 2025), where the United States Court of Appeals for the Ninth Circuit reminds us that when you make your workplace feel like a pressure cooker (literally and figuratively), your employer does not need a hidden agenda to justify firing you.
In this latest episode of “Yes, You Can Be Fired,” Maribel Zuniga, a former manager, claimed she was fired because of her sex. In other words, she alleged gender discrimination. Her employer, Gowan Milling, claimed they fired her because multiple employees reported daily verbal abuse, swearing, yelling, humiliation, and yes—strategically weaponized air conditioning. Spoiler alert: the Ninth Circuit Court of Appeals sided with the employer and found no evidence of wrongful termination.
Let’s break it down with our usual flair—facts, legal standards, a dash of sarcasm, and a reality check for employees and employers alike.
According to Gowan Milling, Zuniga did not just have a bad day at the office. She had what sounded like a bad every day. Felipe Herrera, one of her subordinates, told HR she yelled and cursed at him daily, threatened to fire him, and humiliated him in front of coworkers. Another employee, Alejandro Perez Leon, backed that up and said she was particularly harsh to Herrera. Several others chimed in too. The list of complaints painted a picture of a manager whose leadership style could only be described as… volcanic.
Oh, and the cherry on top? She turned off the building’s air conditioning for “extended periods of time” during the blazing Arizona summer. Why? Because the hum of cold air interrupted her phone calls. Yes, really.
Best Employment Trial Lawyer Blogs on Point:
- Yes, You Can Be Fired for Secretly Recording, Skipping Work, Coming Late, And Interviewing Elsewhere
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- Yes, You Can Be Fired For Sending Hostile Emails
What’s The Legal Standard For Discrimination Claims?
Under McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), employment discrimination cases follow a three-step process:
- The employee must make a prima facie case of discrimination (typically by showing they belong to a protected class, were qualified for the position, suffered an adverse employment action, and that the action occurred under circumstances giving rise to an inference of discrimination).
- The employer must give a legitimate, non-discriminatory reason for the termination.
- The employee then must show that reason is pretext—a cover-up for illegal discrimination.
Even assuming Zuniga made it past step one, the Court held Gowan satisfied step two with a big stack of abuse reports. Then came step three, where Zuniga needed to prove pretext—and this is where the air conditioning really started to melt her case.
Best Employment Discrimination Attorney Blogs on Point:
- Yes, You Can Be Fired For Shutting Down an Operating Room’s Surgeries for an Entire Day
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But Wait—What About The Male Managers?
Zuniga tried to argue that male managers got away with similar behavior. This, she argued, proved gender discrimination. But the Court was not buying it. Her comparators—Madin Lopez, Mike Brandt, and Jerrod Harvick—just were not in the same league of bad behavior.
Harvick, for example, was accused of yelling, using foul language, and even kicking a trash can. But this happened a handful of times—not daily—and involved far fewer complaints. The Ninth Circuit held that Zuniga’s misconduct was far more extensive and serious. That matters. Under Vasquez v. County of Los Angeles, 349 F.3d 634, 641 (9th Cir. 2003), comparators must be similarly situated in all material respects. This means they must have engaged in conduct of comparable seriousness, held similar positions, and been subject to the same policies and decision-makers.
In short, yelling once in frustration is not the same as running a daily humiliation boot camp. And without proper evidence of gender discrimination, the comparison falls flat. Simply pointing at a male coworker and shouting “me too” is not enough to prove wrongful termination.
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- Yes, You Can Be Fired For Being A Bad Boss – Even If You Complain About Discrimination
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No Opportunity To Defend Herself?
Zuniga also complained that she was not given a chance to respond before she was fired. She believed that this too pointed to gender discrimination. The Court of Appeal’s answer? That might feel unfair, but it does not make the employer’s reason discriminatory. What matters is whether Gowan honestly believed its reason for firing her—not whether its investigation could win a gold medal in procedural fairness. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1063 (9th Cir. 2002).
Zuniga suggested that if only Gowan had dug deeper into the male managers, they would have found dirt. But the United States Court of Appeals for the Ninth Circuit reminded her that speculation is not evidence. You cannot get past summary judgment by guessing what other people might have said. And without solid facts to support the accusation, claims of wrongful termination quickly fall apart.
Best Wrongful Termination Attorney Blogs on Point:
- Yes, You Can Be Fired For Boinking Your Boss’s Ex
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So, Can You Be Fired For This Kind Of Behavior?
Yes. Yes, you can. You can be fired for mistreating your coworkers. You can be fired for creating a hostile environment. You can even be fired for sweating out your employees so you can take your calls in eerie silence. Employers are allowed to expect managers to act like, well, managers. Not like drill sergeants crossed with a bad sitcom character.
This case is a good reminder that having a protected status—like sex, race, or age—does not shield you from being held accountable for how you treat others. Discrimination laws protect you from being fired because of who you are, not despite what you do. And unless you can show solid evidence of gender discrimination, your wrongful termination claim will not make it past the courthouse steps.
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- Yes, You Can Be Fired For Leaving Keys In An Unattended School Bus Without Doing A Kid Check
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Think You Were Fired Unfairly? Here Is Why Calling The Best Employment Lawyer Matters
What if you are not the one screaming at coworkers or turning your workplace into a sauna, but your employer still pushes you out the door? What if you actually believe you were wrongfully fired because of who you are, not how you behaved?
Then the question becomes: who is the best attorney to call? Or more precisely, who is the best lawyer for employees who think they are facing workplace discrimination, harassment, or wrongful termination?
You just found us.
At Spitz, The Employee’s Law Firm, we are one of the largest law firms in the United States dedicated exclusively to employee rights. That means we have more resources than most other firms—and we use them to fight hard for our clients. We offer a free initial consultation, and thanks to our No Fee Guarantee, you will not owe us anything unless we win. We have vast and successful trial experience, a history of great results, and we bring empathy and care to every case.
So if you are an employee facing employment discrimination, being harassed, or worried you were wrongfully fired, stop guessing and start protecting your rights. Call the best. Call Spitz.
Employment Lawyer Disclaimer
This gender discrimination and wrongful termination blog provides general information and is not intended to be taken as legal advice. Neither reading this employee’s rights blog nor engaging with this lawyer website creates an attorney-client relationship. Every employment law case is different, and you should consult with a qualified employment lawyer for advice specific to your situation. No promises or guarantees are being made about the outcome of your case. This blog is a legal advertisement. If you are an employee facing discrimination, wrongful termination, or harassment by your employer, contact an attorney to understand your rights under employment law.