Why a "BS" email that didn't sink an employer

"We need to terminate her." That's what the Director of Operations at Thomas-Grace Construction wrote the day after an employee complained about her supervisor. She called the complaint "BS."

The employer still won.

In Joseph v. Thomas-Grace Construction, the 8th Circuit affirmed summary judgment on Becky Joseph's Title VII sex discrimination and retaliation claims.

Joseph, a lead installer, complained about three different supervisors in under two months. She apologized in writing for misjudging the first. Her February 22 complaint about the second said he "want[ed] everything his way." It never mentioned sex. She first raised sex discrimination about him and a third supervisor on February 24, writing that "[t]he men are always right in the eyes of the company." That was the day after the "BS" email.

By then the Director had reversed course. She opened a formal investigation, asked Joseph for witnesses and documents, and interviewed four people. The investigation substantiated nothing. TGC offered Joseph a transfer to Connecticut at the same pay and benefits. She resigned and sued.

The court assumed Joseph could make out a prima facie case of retaliation and still found no pretext. TGC had documented reasons: repeated clashes with supervisors, a forklift accident, and screaming at a hotel employee. It wrote incident reports on the last two when they happened. And Title VII doesn't prohibit decisions based on personality conflicts.

As for the "BS" email, Joseph didn't dispute that the Director changed her mind or that she got to present her evidence. The email also responded to a message about a supervisor's leadership style that never mentioned sex or discrimination.

Don't read this as a pass for ugly emails. TGC got lucky on timing. Send that same email after a complaint that actually alleges discrimination, and I'm far less comfortable defending it.

But the response is worth copying. When a complaint lands, stop. Investigate before you decide anything. Let the employee name witnesses and submit evidence. Document problems when they happen, even if you don't discipline. Then decide based on those records.

You can't unsend a bad email. You can follow it with a good investigation.