Skip to main content
  • Personal
  • Business
  • Foundation
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    • Certification

      Validate your skills with the gold standard in HR

      • Choosing Your Certification
      • SHRM-CP
      • SHRM-SCP
      • How to Get Certified
      • Prepare for the Exam
      • Recertification
      Education Programs

      Expert-led training for real workplace change

      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      Executive Voices

      Bring our experts to your stage.

  • Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference & Expo
      • All Things Work 2026
      • BLUEPRINT 2026
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    back
    Learning
    • Certification

      Validate your skills with the gold standard in HR

      • Choosing Your Certification
      • SHRM-CP
      • SHRM-SCP
      • How to Get Certified
      • Prepare for the Exam
      • Recertification
      Education Programs

      Expert-led training for real workplace change

      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      Executive Voices

      Bring our experts to your stage.

  • Attend
    back
    Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • SHRM26 Annual Conference & Expo
      • All Things Work 2026
      • BLUEPRINT 2026
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    back
    Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. Discrimination Claim Unsuccessful for Allegedly Insubordinate Employee
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Discrimination Claim Unsuccessful for Allegedly Insubordinate Employee

December 8, 2021 | Roger Achille

A woman is working on a machine in a factory.


An employee who was purportedly insubordinate failed to demonstrate her suspension was based on gender discrimination when the alleged biased supervisor was not involved in the decision to suspend the employee.

The plaintiff was one of seven full-time mold setters with Grote Industries, but she was the only woman on the team. Mold setters were responsible for setting up the machines that inject plastic into the molds, changing the molds and filling out the requisite paperwork.

In February 2019, Grote suspended the plaintiff for five days because she purportedly resisted instructions from her supervisor to place part numbers on a mold setter checklist sheet. According to Grote, the plaintiff's supervisor gave a directive to his third-shift employees to start putting part numbers on their mold setter checklists. In response to this directive, the supervisor contended that the plaintiff was insubordinate by expressly refusing three times to fill out the part numbers on the checklist and laughing in his face multiple times. The plaintiff insisted that she simply made two jokes in response to the requests and never verbally refused to put the part numbers on the sheet.

According to the plaintiff, the real reason for the suspension was based on upper management's desire to terminate her because of her sex. This belief stemmed from another conversation she'd had with her supervisor in which he told her that his supervisor, the production leader, told him she was a "troublemaker" and that he was going to try and have her fired. She also stated that her supervisor characterized the comments from the production leader as being "very sexist" when he relayed the conversation to the plaintiff. 

The plaintiff's supervisor denied that the production leader ever told him that the plaintiff was a troublemaker or that he wanted to fire her and denied telling the plaintiff that he believed the production leader was sexist. 

The court found that the plaintiff failed to create a triable issue as to whether her suspension was motivated by the gender-based discriminatory intent of Grote's supervisory employees. Ambiguous or suggestive remarks "may be direct or circumstantial evidence of intentional discrimination if they are sufficiently connected to the employment decision, i.e., made by the decision-maker, or those who influence the decision-maker, and made close in time to the adverse employment decision," the court stated.

Assuming the production leader's remarks were made in the manner that the plaintiff recounted them, the court found "no connection between them and the decision to suspend her employment." Rather than referencing her gender, the court noted that the remarks related to the plaintiff's allegedly troublesome behavior as an employee whereas the only reference to sex was the supervisor's secondhand characterization of the remarks as "sexist," which occurred well in advance of the purported insubordination.

Additionally, the production leader's role in the disciplinary action was limited to transmitting the incident report to the management committee, which then independently made the final disciplinary decision. The court found no evidence that the production leader made any recommendation as to the appropriate discipline, noting he had no part in drafting the final suspension letter that he presented to the plaintiff at a subsequent meeting. Whatever comments he may have made at some point in the past regarding the plaintiff or views toward her, the court concluded that they played no role in her suspension.

The plaintiff also cited as additional evidence of pretext the lack of disciplinary action taken by Grote with respect to similarly situated male mold setters who repeatedly failed to put part numbers on their checklists after being instructed to do so. However, Grote maintained that any difference in treatment was not because the men in question failed to put down the required part numbers but because these male employees were not insubordinate in response to the request that they do so.

Grubbs v. Grote Industries LLC, S.D. Ind., No. 4:19-cv-00211 (Sept. 23, 2021).

Professional Pointer: Employers should ensure that their policies are consistently enforced. Disparately enforced policies can lead to perceptions of discrimination.

Roger Achille is an attorney and a professor at Johnson & Wales University in Providence, R.I.

ESG, Ethics & Compliance
Labor & Employee Relations
Recruiting

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
Rising Demand for Workforce AI Skills Leads to Calls for Upskilling

As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.

Workplace Compliance Newsletter

Keep abreast of employment law and compliance developments and their wide-reaching impacts.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Circle Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Post an HR Job
SHRM Named to Newsweek's 2026 America's Top Online Learning Provider List
Advocacy

  • SHRM Advocacy
  • Federal Policies
  • State Affairs
  • Global Policy
  • Take Action
  • SHRM E2 Initiative
Brand Partnership

  • Partnership Opportunities
  • Advertise with Us
  • Exhibit & Sponsorship
  • Recertification Providers
  • Book a Speaker
Member Resources

  • Ask an HR Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
Feedback

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

  4. Privacy Policy

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional premium resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive executive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now