5th Circuit highlights importance of treating equals equally

It has been said consistency is more important than perfection. Though that is arguable in the legal world, the importance of an employer’s consistency cannot be overstated. A recent decision by the U.S. 5th Circuit Court of Appeals (whose rulings apply to Mississippi, Louisiana, and Texas employers) hinged on an employer’s lack of consistency and highlights the need for you to treat equals equally.

Facts

After being fired, Denise Watkins sued her former boss, St. John the Baptist Parish Sheriff Mike Tregre, for race discrimination under Title VII of the Civil Rights Act of 1964. Watkins, a black woman who suffered from severe anxiety, was a shift supervisor in the sheriff’s dispatch department.

On January 30, 2018, Lieutenant Marshall Carmouche commended Watkins and three other dispatchers for “superb work.” Just 10 days later, however, the lieutenant counseled her about her poor performance. No disciplinary measures were taken.

On February 20, Watkins gave Carmouche and Senior 911 Commander Conrad Baker a doctor’s note, stating she required three 24-hour shifts off because of her anxiety.

Just two days later, Carmouche filed a disciplinary review board request pertaining to the charges against Watkins. He claimed she had engaged in “conduct and work performance unsuitable for an employee of St. John the Baptist Sheriff’s Office.” He identified five infractions, including that she continued sleeping while on duty after being counseled against doing so.