The minority employee was discharged for performance issues, though we didn't indicate a reason in the termination letter.

The only documentation we have of the minority employee's performance issues is the mid-year evaluation. However, the minority employee was the only one subject to a mid-year performance review. None of the other white staff in the department received a mid-year performance evaluation.

The minority employee was the only one who received a mid-year performance evaluation because he was the only who showed performance lapses necessitating it.

Is this a valid defense?


Not really. I'd give it 50/50 at best. Try this as your defense and you'd better be prepared to show documentation that not a single Caucasian employee had a single instance of poor performance all year; that every single one of them was perfect all the way down the line.

And I'm sorry, but I just don't believe that.

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I'm not saying don't take him back. I'm saying you want to be prepared for all the potential issues of doing so.