Lists You Shouldn’t Make

November 1st, 2012 by JBWK

A federal court from the Western District of Virginia was presented with an interesting piece of evidence: an employer-compiled list of “non-asset” employees.

The employer–now a defendant in a disability-discrimination lawsuit–drafted the list of 14 “non-asset” employees it deemed were underperformers. A (now former) employee–a diabetic who was fired–claimed the list included only older workers or those with medical conditions. Unsurprisingly, the list presents a valuable piece of evidence by identifying the specific employees the company wanted to fire (or at least didn’t mind losing). If they all shared those common characteristics, that could spell trouble for the employer.

Based in part on that list, the judge is allowing the former employee’s trial to go forward.

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