A recent decision of the Court of Appeals for the Fifth Circuit, Clara Patrick versus Tom Ridge, Secretary, Department of Homeland Security, No. 04-10194 (December 2004) shows how a lack Of “sufficient clarity” in articulating a reason for an employment decision can sometimes negatively impact an employer.

The employee in this case advanced charges of age discrimination and retaliation arising out of the employer’s refusal to promote her to a supervisory position for which she had applied. The district court had earlier dismissed the claims pursuant to a motion for summary judgment filed by the defendants. The Court of Appeals, however, reversed the dismissal and at the same time provided employers with a good reminder about the need to be able to articulate “specifics” in certain situations. The district court ruled (and the defendants did not challenge on appeal) that the employee succeeded
in making out a prima facie case for both age discrimination and retaliation.
Continue Reading How Specific Do Employers Need to Be?