In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center (the “VA Hospital”), against the Secretary of Veterans Affairs (the “VA”). The case, Barnes v. Secretary of Veteran Affairs, Case No. 24-3576, illustrates that even long-term employees with strong performance records can be lawfully disciplined—and ultimately terminated—when they violate clear workplace rules, even if their motivations are arguably well-intentioned. The decision offers valuable guidance for employers navigating the balance between employee empathy and operational discipline.
Case Background
Cynthia Barnes, a 64-year-old registered nurse, began working at the VA Hospital in 2015. By all accounts, her early performance was solid, and she maintained a positive reputation for several years. That changed in 2019, after a change in the organizational chart, Barnes began to report to a new supervisor who emphasized a desire to save money at all costs—specifically, working overtime.
Barnes, concerned about patient care delays, repeatedly stayed past her scheduled shift without prior approval. Despite several escalating disciplinary actions—including a letter of counseling, a written reprimand, and a suspension—she continued working unapproved overtime. Over a two-month period, she reportedly violated the directive on more than 20 occasions. Ultimately, in January 2020, the VA terminated her employment for insubordination.
Barnes sued under the Age Discrimination in Employment Act (ADEA), alleging that her termination was discriminatory and that she was subjected to a hostile work environment based on age. She claimed her efforts to ensure patient care were unfairly punished and that the VA Hospital’s focus on cost-cutting disproportionately affected older workers like herself.
The Sixth Circuit’s Decision
The Sixth Circuit affirmed summary judgment for the VA. The court concluded that Barnes failed to present evidence that age was a motivating factor in her termination. The VA, the Sixth Circuit found, had a legitimate, non-discriminatory reason for the discharge: repeated insubordination in the face of clear and consistent directives.
Crucially, the Sixth Circuit rejected the notion that Barnes’ motivation—ensuring patient care—could override her employer’s legitimate interest in maintaining order and fiscal control. Barnes argued that the VA should not have punished her because she had a “good reason” for her insubordination – she “was doing what was needed for the veterans.” While the Sixth Circuit acknowledged her compassionate intentions, it reiterated that employers are entitled to enforce workplace rules as long as they are applied fairly and without discriminatory animus. The ADEA does not permit courts to second-guess the “wisdom” of an employer’s business judgment under the guise of policing illegal age discrimination.
The court also found that no reasonable factfinder could conclude that she experienced age-based harassment, that rose to a level of severity or pervasiveness. Barnes suggested that her supervisor harassed her by “constantly getting on her to get the work done on time without the staffing to do it.” Even if this could be deemed actionable harassment under the ADEA, Barnes failed to connect that harassment to her age. The Sixth Circuit affirmed the District Court’s grant of summary judgment to the VA.
Key Takeaways for Employers
- Compassionate Intentions Are Not a Legal Shield. Employers often encounter well-meaning employees who bend rules for what they perceive as the greater good. This case makes clear that courts will not second-guess an employer’s decision to enforce legitimate, non-discriminatory policies—even where the employee’s actions stemmed from good intentions.
- Clear Policies and Consistent Enforcement Are Critical. The VA’s success in this case hinged on its documentation and progressive discipline. Employers should ensure that expectations—such as rules regarding overtime or attendance—are clearly communicated and uniformly enforced across the workforce.
- Discipline Must Be Rooted in Conduct, Not Character. The court gave no weight to Barnes’s prior performance or tenure. What mattered was her repeated refusal to follow a direct order. Employers should feel confident in taking disciplinary action when it is based on specific conduct, even if the employee is otherwise well-regarded.
- Avoid Ambiguity in Supervision. Managers must be trained to give clear, consistent instructions, and to avoid language that could be misconstrued as discriminatory. In this case, the absence of any age-related comments or behavior significantly strengthened the employer’s defense.
- Documentation is Your Best Defense. Each step of the disciplinary process was documented—from counseling to reprimand to suspension and ultimately termination. Employers should treat documentation as an essential compliance tool, particularly in cases where emotions or well-meaning motives may cloud the underlying policy violation.
Final Thoughts
This case demonstrates how even compassionate actions can lead to lawful termination if they conflict with clearly established policies. Although an employer may have concerns over potentially punishing an employee for being a “hard worker,” this case shows how the best practice is always to be consistent in how employees are disciplined.
