An African American bank clerk had worked at her job for twenty-six years when she was fired.

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An African American bank clerk had worked at her job for twenty-six years when she was fired. At the time of her termination, she was working reduced hours due to a serious wrist injury. A customer had come to the clerk to remove a $34 charge that had mistakenly been made against her account. The customer was correct about the mistake, which had not been made by the clerk. However, in completing a form to document the change, the clerk accidentally put the name of her coworker--whom she was talking to at the time on the form as the “originating bank representative.” When a copy of the form came back to the coworker, she reported it to her supervisor, who initiated an investigation. The investigation led to termination of the clerk on the grounds that her inadvertent use of her coworker’s name was “falsification of bank records.” The clerk would not have profited in any way from using her coworker’s name on the form. She had never been disciplined before. A number of bank employees had been fired by this bank for similar offenses in the past. However, two employees were not fired after they failed to adequately check a signature card, thereby allowing an imposter to access a dead customer’s safe deposit box, There was also evidence that a number of employees, including white employees, had made inaccurate statements on time cards and not been terminated. The former clerk sued. What should the court decide? Why?
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