Some employees believe that once they report race/color discrimination, they have a shield against getting fired. And they do – but only from being retaliated against for reporting the racial discrimination. But that anti-retaliation protection can quickly crumble if the employee becomes hostile or aggressive in the workplace. Whether it is shouting in a hallway, exchanging insults, or getting too close for comfort, crossing the line—even just once—can give your employer a perfectly legal reason to show you the door and avoid losing a wrongful termination claim. In Collins v. Federal Express Corporation, No. 24-1478-cv, 2025 WL 1764809 (2d Cir. June 26, 2025), the United States Court of Appeals for the Second Circuit affirmed that exact outcome.
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, gender, national origin, gender identity, sexual orientation, disability, and age. This protection applies to hiring and firing decisions, as well as to decisions related to promotions, discipline, and other employment actions. Employment Discrimination occurs when an employer treats an employee unfavorably because of an employee’s race or other protected classes. To be actionable, the employee must show that the protected class, such as religion, disability status, or age, was a motivating factor in the employer’s adverse action. Employers can avoid liability by pointing to a legitimate business reason for firing an employee or taking other adverse actions against that employee.
Sam Collins, a Black man in his 60s, had worked for FedEx for nearly two decades. He had previously filed complaints about a coworker he believed was harassing him, including allegations of race discrimination. But what ultimately led to his termination were two separate altercations during a delivery trip—one verbal and one physical.
Can An Employer Fire You For Losing Your Temper At Work?
Yes. If your behavior violates workplace conduct standards—especially if it is perceived as threatening or abusive—your employer may legally terminate you. In January 2020, Collins was involved in two such incidents. First, he called a colleague a “non-working clown” and told him to “shut up” during a dispute. Later that same day, after a tense exchange with a security officer over a routine screening, he allegedly bumped into her and then returned in a manner that a witness described as threatening.
FedEx conducted a workplace violence investigation and concluded that Collins had been disrespectful, verbally abusive, and involved in an incident that “became physical.” He was terminated. An internal review board later upheld that decision. While these internal review boards may provide the appearance of neutrality, they often make it more difficult for employees to prove discrimination or retaliation in court. Employers frequently rely on these boards to support their disciplinary decisions, and courts may view them as evidence of a fair process. However, these boards are typically composed of individuals from within the organization, which can raise concerns about bias or a lack of independent evaluation. When a review board upholds a termination, it can create a presumption that the employer’s decision was reasonable, thereby placing a heavier burden on the employee to show that the decision was actually motivated by unlawful discrimination or retaliation.
That is why it is especially important for employees to seek help from a law firm that focuses on employee rights. A skilled employment attorney will understand how to challenge the weight courts often give to internal investigations and review boards. The best lawyers know how to uncover evidence of pretext, identify biased decision-makers, and highlight inconsistencies in the employer’s justification. Without experienced legal help, employees may find themselves at a severe disadvantage when their employer’s paperwork appears polished and their internal process appears by-the-book.
Best Wrongful Termination Lawyer Blogs on Point:
- Yes, You Can Be Fired for Secretly Recording, Skipping Work, Coming Late, And Interviewing Elsewhere
- Yes, You Can Be Fired For Sending Hostile Emails
- Yes, You Can Be Fired For Buying Alcohol From Your Job For A Minor
- Yes, You Can Be Fired For Boinking Your Boss’s Ex
Does Reporting Discrimination Protect You From Being Fired?
No. Reporting discrimination is a protected activity under employment law. Under Title VII of the Civil Rights Act of 1964, employees are protected from retaliation if they oppose unlawful employment practices or participate in an investigation, proceeding, or hearing related to discrimination. This includes filing internal complaints with a supervisor or HR, submitting charges to a government agency, or testifying on behalf of another employee. However, this protection is not absolute. The law does not shield an employee from being fired or disciplined for unrelated violations of workplace conduct policies. To be protected, the employee must engage in the activity in good faith and must be able to show a connection between the protected activity and any adverse action taken by the employer. But it does not insulate employees from being disciplined or terminated for unrelated misconduct. Collins argued that his firing was retaliation for prior complaints he made about race discrimination. But the Second Circuit held that there was no evidence showing any link between those complaints and the decision to terminate him.
To prove retaliation, employees must show a causal connection between their protected activity and the adverse employment action. As the United States Court of Appeals for the Second Circuit held, “temporal proximity between an employer’s knowledge of protected activity and an adverse employment action” must be very close to support causation. Collins, 2025 WL 1764809. In this case, over two years had passed between Collins’ internal complaint and his termination. A long gap between the protected activity and the adverse employment action makes it harder to prove that one caused the other. The greater the distance in time, the more likely it is that a court will conclude that the employer acted for legitimate reasons unrelated to the earlier complaint, assuming that if there was an intent to retaliate for race discrimination complaints, the employer would have already done so long before. Without other strong evidence linking the complaint to the termination, such as comments from supervisors or a pattern of escalating retaliation, courts will typically view the disciplinary action as too remote to establish causation. This is also a key reason why seeking legal help early can be critical.
A knowledgeable employment attorney can help uncover patterns or remarks that may not be immediately obvious as evidence of retaliation, and can frame the facts in a way that connects your protected activity to the adverse action. Without that legal strategy, long time gaps often lead to dismissal of claims before they ever reach a jury.
Best Retaliation Attorney Blogs on Point:
- HR Professionals Can Sue For Retaliation—And Muldrow Makes It Easier To Win
- Can Timing Alone Prove Workplace Retaliation?
- Being Fired For Lying Is Not Race Discrimination Nor Retaliation
Is It Discrimination If Other Employees Were Not Fired?
That depends. To win a discrimination claim, employees must show that similarly situated coworkers—people who engaged in equally serious conduct—were treated more leniently. Collins failed to do that. He did not point to any younger or white employees who engaged in comparable misconduct and were not fired.
In fact, the Court noted that his role was later filled by another Black man of similar age. That fact weakened his claim of race or age discrimination. The Court held, “Collins has not met that burden because he identified no employee…whom FedEx treated differently despite engaging in conduct of comparable seriousness.” Collins, 2025 WL 1764809.
Best Race Discrimination Law Firm Blogs on Point:
- Can Unequal Progressive Discipline Prove Discrimination?
- Is Skipping Progressive Discipline Steps Proof Of Discrimination?
- Can I Avoid Poor Performance Discipline By Reporting Discrimination?
Can I Still If I Think An HR Investigation Was Unfair?
You can sue, but you will need solid evidence. Courts do not second-guess every disciplinary decision. Instead, they look for evidence that the employer’s stated reason was false or a pretext for discrimination.
In Collins’ case, even though he disputed who started the confrontation with the security officer, he could not show that the officer was subject to the same rules or had engaged in similarly serious conduct. That officer was not a FedEx employee, and there was no evidence she was disciplined differently. As a result, Collins’ disparate treatment claim fell flat.
What Law Firm Should I Call If I Was Wrongfully Fired After A Workplace Conflict?
Searching for the best attorney to help after being wrongfully fired for a workplace incident? You are not alone. Many employees believe their rights have been violated but do not know where to turn.
Spitz, The Employee’s Law Firm, is one of the largest firms in the country dedicated solely to employee rights. We bring deep resources, trial-tested lawyers, and a passionate commitment to helping employees stand up to employers. We offer a free initial consultation and a no fee guarantee—you pay nothing unless we win for you.
Whether you are dealing with wrongful termination, retaliation, or employment discrimination, our attorneys have the experience and results to fight for your rights. Contact us today. Your future at work is worth protecting.
Employment Lawyer Disclaimer
This employment attorney’s blog provides general information on employment law, employee rights, and the legal standards surrounding wrongful termination, retaliation, and discrimination. It should not be taken as legal advice. Each employee’s situation is unique, and readers should consult with a qualified employment lawyer or attorney for advice specific to their circumstances. No guarantees or promises are being made regarding any specific outcome. This blog is a legal advertisement.