The last chance before trial: For an employer facing a discrimination lawsuit, summary judgment is often the final opportunity to have the case dismissed before trial. A decision by the District of Columbia Court of Appeals shows how an employer’s dishonesty about the reason for an adverse employment action can undermine its defense and allow a case to proceed to trial.
The Case: In Colbert v. Tapella, a 30-year-old African American woman who worked for the Government Printing Office sued after being passed over for two promotions that went to white men. The hiring officials did not interview candidates and instead relied on written applications, qualifications, questionnaire responses, and any personal knowledge of performance. During the initial EEO investigation, one decision-maker said the plaintiff “wandered,” but he later admitted in deposition that this statement was not true. For related developments, see Recent Employment Law Cases and Hiring Practices.
The Ruling: The D.C. Circuit reversed the district court’s grant of summary judgment for the employer, finding error in requiring the plaintiff to prove both that the employer’s stated reason was pretext and that discriminatory bias was the actual reason. The court explained that fabricating an explanation can allow a jury to infer discriminatory intent. Here, the employer’s asserted non‑discriminatory reasons were undermined by the decision‑maker’s false statement about the plaintiff, a lack of factual support showing the plaintiff was less qualified, and insufficient independent evidence that no discrimination occurred.
Lesson Learned: Employers should base adverse employment actions on legitimate, documented, non‑discriminatory reasons and keep those reasons consistent. Changing or inventing explanations creates credibility problems and can be perceived by a jury as evidence of improper motive. This pattern has appeared in other employment disputes as well, for example in coverage of In-N-Out Burger and Employment Discrimination Cases. If you need assistance reviewing policies or responses to internal complaints, talk to an agent.
Article courtesy of Worklaw® Network firm Shawe Rosenthal.
Frequently Asked Questions
Can one false statement by a manager defeat summary judgment?
Yes, a fabricated or inconsistent explanation by a decision-maker can undermine the employer’s credibility and may allow a case to proceed to trial.
What should employers document when making promotion decisions?
Employers should document objective qualifications, the selection criteria used, and any comparisons among candidates to support non‑discriminatory reasons for a decision.
Does an employee always win if an employer’s reason is false?
No, false explanations do not automatically prove discrimination, but they can be strong evidence that supports a plaintiff’s claim when combined with other facts.
When should an employer seek outside help?
Employers should consult HR, legal counsel, or an insurance representative when handling complex claims or when an internal investigation raises credibility concerns.