In the case of Babb v. Maryville Anesthesiologists, 942 F.3d 308 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit held that a “smoking gun email” can create a genuine issue of material fact as to whether an employer’s explanation for an employee’s termination was pre-textual.
In this case, an employee brought a “regarded as” disability claim claiming that her employer terminated her because her employer believed she had vision problems. The employer responded by arguing that it terminated her for two errors she made on the job. An email was produced as evidence stating that the employee was terminated for her vision issues.
The Sixth Circuit held that the email was smoking gun evidence that constituted a genuine issue of material fact as to whether the employer’s explanation for the employee’s termination was pre-textual.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.