Employee's own opinion as to why he was fired does not establish pretext

After an unsatisfactory performance review, an employee was placed on a performance improvement plan. Three months later, the employer fired the employee, and sent him a memorandum detailing the reasons for his firing. The memo stated that the employee had improperly performed a routine task, failed to take directions on a more complex task, modified a unit that he was not supposed to modify, and slept on the job. The employee sued his former employer claiming violations of Title VII of the Civil Rights Act of 1964, as amended. The United States Court of Appeals for the Tenth Circuit sided with the employer. The court explained that when an employer cites multiple nondiscriminatory reasons for an employment decision, the employee must then present evidence that the reasons are pretextual. In this case, the employee attempted to demonstrate that the reasons were pretextual by presenting his own opinions as to why he was fired. The court noted that it is the manager's perception, and not the employee's, that is the relevant factor in determining pretext. As this case demonstrates, employers should be aware of the importance of documenting legitimate nondiscriminatory reasons for employment decisions.

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