Can we fire an employee who complains about discrimination and is dead wrong?

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I mean, sure. It’s a free country. This isn’t Communist Russia.

But if your company is concerned about a subsequent retaliation claim, read on.

Today’s lesson comes courtesy of this Fifth Circuit Court of Appeals decision. The plaintiffs brought gender discrimination (equal pay) and retaliation claims after the defendants terminated their positions as part of a university-wide consolidation.

On February 15, 2019, one of the plaintiffs emailed one of the defendants, stating why she believed they discriminated against them. Among other things, she wrote that salary adjustments were “overdue and necessary to ameliorate an environment…that has not seemed

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