Lessons from a recent retaliation case

Dr. Carla Campbell-Jackson, a Black woman with 30 flawless years working at State Farm, found herself out of a job after raising concerns about systemic discrimination within the company against minority customers and employees. When she spoke up, she claimed her stellar performance reviews dropped, and soon after, State Farm terminated her for allegedly violating company policy by sending an email with sensitive information defending her performance.

Campbell-Jackson believed her termination wasn't about the email—it was retaliation for her complaints.

She sued, and the 6th Circuit revived her case. 

The court relied heavily on the fact that State Farm sat on Campbell-Jackson's alleged confidentiality violation for months, and did not take any action until only a few weeks after her final complaint about discrimination, at which point it fired her. The close timing raised enough suspicion to question State Farm's explanation. Was the email incident a pretext for retaliation? The court thought a jury might find so.

This decision is a warning to employers: handling whistleblower complaints improperly can have serious consequences. Here's what you should take away:

1. Avoid Retaliation Traps. Retaliation claims are among the most common workplace lawsuits for a reason. Even if an employee breaks a rule, timing matters. When discipline follows closely on the heels of a protected complaint, it raises red flags.

2. Document everything. If you're going to discipline or terminate an employee with a history of complaints, your documentation better be airtight.

3. Listen to your employees and create a safe reporting culture. Brushing off employee concerns—especially those tied to systemic discrimination—doesn’t just hurt morale; it can lead to a courtroom. Employees need to feel safe raising concerns without fear of retribution. A whistleblower policy is only as good as its implementation.

Retaliation claims can be among the hardest to defend. Timing and intent are everything, and even well-meaning employers (note: I'm not convinced State Farm was "well-meaning" here) can stumble without strong policies and careful implementation.