Court Revives Gender Discrimination Lawsuit Against Clariant After Clerk’s Firing

by Sydney D. Finlay and Pearl Berzin

Dawn Hayes worked in an all-male factory as a logistics clerk for Clarient Plastics & Coatings USA Inc until 2018, when she was fired.  Management fired Hayes during a company-wide reduction, explaining that she possessed fewer skills than her male coworkers. Hayes disagreed  and filed  suit, claiming that she was fired not because of her abilities, but because she is a woman.

6th Circuit Ruling on Gender Discrimination Lawsuit

Initially, Hayes’s claims were dismissed in March 2023 by Judge Neff, who sided with the company’s explanation for her dismissal. Hayes’s legal team appealed. The Sixth Circuit Court of Appeals ruled that the case should go to trial, reviving the lawsuit. The court found that there was sufficient evidence to question the company’s justifications for Hayes’s termination, making the case an issue for a jury rather than an automatic dismissal.

While firing her, management noted that she lacked certain skills that other coworkers possessed. At the time, Hayes did not have a license to operate a forklift and was not competent with a software program that was introduced to the warehouse. Hayes explained that she previously held a license to operate a forklift, but she let it expire because she was never asked to do so.

She also offered strong evidence of her work history. She showed that her performance evaluations were consistently excellent, often outperforming those of male colleagues who were not laid off. Despite these high evaluations, Hayes was rated poorly on the rating sheet which determined which employees would be let go.

Judge Gibbons writes in her decision that, “a reasonable juror could also infer that Hayes’s low scores on the rating sheet did not reflect an actual poor performance ‘but rather the reviewer’s attempt to ensure [Hayes] was among those discharged in the workforce reduction.’”

During her employment, Hayes experienced sexually suggestive comments and targeted pranks by coworkers. The warehouse had a pervasive culture of sexual harassment, which supports the claim that Hayes’ firing may have been a result of gender discrimination.

How Can You Prove Employment Discrimination?

This case highlights the importance of documenting workplace bias and keeping a record of all important communications. To best set yourself up for success in a future employment lawsuit, it is best practice to document everything you can because even information that seems inconsequential can be crucial.

If you wait until after you have been fired to collect examples of bias, you may no longer have access to crucial documents and contacts that could have had similar experiences. Although biased workplace culture can be difficult to document, noting examples of problematic undertones in widespread or one-on-one communications can be a good place to start.  When it comes to in-person incidents, ensure all complaints to management are in writing. This will ensure you do not forget incidents that could help prove your argument and offers proof of how management handles such issues.  These recorded instances may be able to prove there is a culture or pattern of bias within your workplace and strengthen your case.

Documenting complaints via email or another written form can also help ensure that retaliation does not go unpunished. If you send a complaint to management and are fired or demoted shortly after, you may be able to prove retaliation. In that case, having documentation of your complaint and how management handled it is important.

Finally, it is always a good idea to keep a strong record of your successes within a position. This may look like documenting projects where you took the lead, keeping track of positive client interactions, or monitoring your performance evaluations. These examples can all help to build a case against your termination and help prove you were fired due to bias, not poor work quality.

What To Do If You Experience Wrongful Termination

If you think you may have been laid off or fired illegally due to bias or retaliation, we are here to help. Miller Shah LLP has an extensive history of assisting with wrongful termination cases. Whether you have been fired due to a protected characteristic or because you spoke out about a complaint, contact us to discuss next steps. Labor and employment attorneys at Miller Shah LLP can help you file a complaint with the DOL and assist you throughout legal proceedings.