Employer’s Documentation Best Defense to Employment Discrimination and Retaliation Claim

In Sklyarsky v. Means-Kraus Partners, L.P., the Seventh Circuit of Appeals ruled in favor of the employer in a discrimination action alleging violations of Title VII and Section 1981.  Specifically, the plaintiff, Yaroslav Sklyarsky, alleged that he was terminated from his janitor position on account of his Ukrainian national origin.  To establish a prima facie case of discrimination, the plaintiff was required to show membership in a protected class, and that he was meeting the employer’s legitimate job expectations, suffered an adverse employment action, and was treated less favorably than a similarly situated employee outside the protected class.

However, the undisputed evidence showed Sklyarsky had not been meeting the employer’s legitimate job expectations.  In fact, the employer’s well-documented records showed that plaintiff was involved in several workplace violations which led to his termination. While plaintiff insisted that he performed his job satisfactorily, plaintiff failed to dispute fact that he incurred five reprimands that included two suspensions in less than three years. As a result, Sklyarsky's failure to establish that he was meeting the employer’s legitimate employment expectations was fatal to his discrimination claim in absence of evidence of similarly-situated comparatives being treated more favorably. Moreover, Sklyarsky could not establish his retaliation claim based only on 6-month gap between his complaint of discrimination and his termination.

This favorable court ruling for employers emphasizes why it is critical for employers to document employee misconduct.  As this case illustrates, good documentation means a better defense to claims of discrimination and retaliation.