The U.S. District Court for the District of Hawaii recently dismissed racial discrimination claims against the State of Hawaii Department of Human Services (“DHS”), holding that a supervisor’s mistake was a legitimate and nondiscriminatory reason for an adverse employment action.  The Court also held that the DHS’s honest belief that involuntary leave was necessary to address health and safety risks constituted a legitimate and nondiscriminatory reason, even if the reason was “foolish or trivial or even baseless.”  Campbell v. Department of Human Services, State of Hawaii (April 23, 2019).

Background

Christopher Campbell alleged that while he was employed by DHS, he suffered numerous instances of discrimination and harassment based on being African American.  The Court dismissed the majority of his allegations due to his failure to timely file charges with the EEOC.  The Court then addressed his remaining two allegations of disparate treatment:  (1) being passed over for a temporary assignment that would have paid him more money and (2) being placed on paid leave.

TA Position

Campbell alleged that he suffered an adverse employment action when his supervisor assigned the Temporary Assignment (“TA”) position to his non-Black coworker when, based on the rotation schedule, it should have been assigned to him.  The Court held that even if this could constitute an adverse employment action, DHS stated a legitimate, nondiscriminatory reason for failing to assign Campbell the TA position.  Specifically, Campbell’s supervisor acknowledged she made a mistake and did not realize it was Campbell’s turn to be assigned the TA position.  Once it was brought to her attention, DHS reimbursed Campbell the amount he would have earned had he been assigned the TA position.  The Court found that a mistake may be a legitimate and nondiscriminatory reason for an employer’s conduct.

Paid Leave

Campbell also claimed he suffered an adverse employment action when he was placed on paid leave.  DHS countered that Campbell was placed on leave to obtain a medical evaluation and address fitness and safety concerns after he allegedly made various statements to his co-worker including: (1) his supervisor’s mental health contributed to her husband’s death; and (2) because the coworker “stumbled onto something big,” she would be “removed and . . . never be seen again. . . . much like how [the supervisor]’s husband was.”  The Court found DHS’s reason for the leave to be legitimate and nondiscriminatory, noting that courts “only require that an employer honestly believed its reason for its actions, even if its reason is foolish or trivial or even baseless.”

Takeaways

• An honest mistake can constitute a legitimate and nondiscriminatory reason for an adverse employment action.
• Courts only require that an employer honestly believed its reason for an adverse employment action, even if its reason is foolish, trivial, or baseless.
• Employers can take comfort in the Court’s ruling, but should not expect that every court will accept an “honest mistake” or an “honest belief” as a legitimate reason under every set of facts.