Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager - American Society of Employers - Michael Burns

Detroit Tigers Face Race and Age Discrimination Claim for Termination of Clubhouse Manager

Discrimination law suitThe Detroit Tigers longtime Visiting Team Clubhouse Manager was let go in 2022 based on poor ratings received by visiting ball clubs going back to a 2017-2018 survey. The 58-year-old manager had been employed in that position for over 30 years, and his ratings during that tenure had been generally positive. The released manager is also African American and was replaced by a younger white employee.  John Nelson, the terminated employee, sued the Detroit Tigers for age and race discrimination.

Nelson claims the termination that was based upon the poor ratings was pretextual. Before that, he had received positive performance evaluations and he had responded to the survey saying much of the criticism was not under his control and due to poor facilities compared to other stadiums that the visiting teams had to use.

This is an example of a burden shifting discrimination case where the employer points to documented performance issues that are disputed by the Plaintiff. The Plaintiff asserts that the non-discriminatory reasons given for the termination were really a pretext for discrimination. This shifts the burden of proving a non-discriminatory reason back onto the employer.

Having documented reasons for an adverse employment decision is a critical first step in defending against an allegation of discrimination. But it does not guarantee a win by the employer when a case contains inconsistent actions of the employer. In this case, there were positive performance evaluations before the poor evaluation (survey results) and after. The Tigers did not release him at the time of the poor performance but continued his employment for two more years and did not provide any further feedback or counselling subsequent to the 2017-18 survey they appeared to base the termination upon.

This case is ongoing, but it demonstrates that employers need to clearly define performance improvement expectations going forward after a bad performance review. Using a performance improvement plan (PIP) to document a plan to change the performance is a good practice to have for all employees. Employers also need to clearly communicate examples of performance problems including specifics such as dates and information on how the performance has not improved. It is recommended that when an employee has received an unsatisfactory review, the manager/supervisor continues to work with the employee and keep them informed about performance.

Though this does not appear to have happened here, firing a long-standing employee when the poor performance is first reported is not the best approach, barring some other severe violation afterword. Stay on top of performance shortfalls with the employee after the review and document, document, document.

Documentation provides a record that supports and substantiates the action. It may avoid or help defend a legal challenge. It must be timely, accurate, and written. Employers are advised to train their supervisors and managers in proper disciplinary and discharge procedures. Documentation can also show that when other employees engaged in similar behavior, they were treated the same. This would also support an employer’s defense that the decision to discharge was business related and not because of the employee’s protected status. “Documents are evidence that can absolve you and the organization from liability.”

This case will no doubt garner some media attention as it progresses. This scenario however is one of the most common types of discrimination lawsuit scenarios employers face due to poor handling of employee performance problems by the employer.

 

Source: Detroit Tigers Sued for Discrimination. Ken Winkler. Berman Fink Van Horn law firm. (4/14/2023), CCH Answers Now. Why is documentation important in the termination process?

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