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Sixth Circuit reopens State Farm retaliation case over timecard enforcement

Did State Farm's HR rubber‑stamp a supervisor's vendetta?

Legal Insights

By Matthew Sellers

Nov 24, 2025Share

On Nov. 20, 2025, the Sixth Circuit revived a retaliation suit against State Farm after finding disputed facts about selective timecard enforcement and motive. 

Monica Gray, a 15‑year claims specialist, says she lost her job after helping a coworker, Sonya Mauter, press for an ADA accommodation. Mauter’s supervisor, Joe Kyle, opposed the accommodation; Gray researched company policy, contacted HR, coached Mauter on advocating for herself, and encouraged an EEOC complaint. Mauter repeatedly informed supervisors that Gray was assisting her, and those interactions appear in the record. 

In November 2017, while filling in for Gray’s regular manager, Chris Martin, Kyle examined the team’s timecards more closely than Martin typically did. Kyle identified three November entries where Gray’s manually entered time did not match computer‑activity logs and reported those discrepancies to HR, as State Farm’s written timekeeping policy required supervisors to do. HR investigator Geri Keeling reviewed Gray’s timesheets, computer records and building‑entry logs and found additional discrepancies, including instances when Gray’s entries showed her working despite no badge‑in record. Keeling and Martin interviewed Gray; she denied falsifying time and told investigators she believed Kyle was targeting her for helping Mauter. Within days of those interviews and shortly after Gray filed a retaliation charge with the EEOC, State Farm terminated her for timesheet falsification. 

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On appeal the Sixth Circuit analyzed both a direct‑employer theory and a vicarious “cat’s paw” theory, under which a biased subordinate’s report can set in motion an adverse employment action. The panel concluded Gray had presented enough evidence to create triable issues about motive and selective scrutiny – chiefly that Kyle may have singled her out while treating similarly situated colleagues more leniently. Gray pointed to coworkers, including Diane Parker, whose manual entries and rounding practices produced comparable discrepancies; the majority found those comparisons sufficient to defeat summary judgment on the cat’s‑paw claim. 

The court emphasized that a truthful report does not automatically shield an employer from liability if that report is selective and the employer’s subsequent investigation merely confirms what a biased subordinate flagged. That reasoning kept Gray’s retaliation claims alive and sent the case back to the district court for further proceedings. 

Judge Readler dissented, arguing Gray never adequately pressed a full cat’s‑paw theory below or on appeal and that State Farm conducted an independent investigation that uncovered separate, untainted grounds for termination – most notably building‑entry records indicating Gray was not present when she reported working. He would have affirmed summary judgment for the company. 

For insurers’ claims and HR teams, the ruling is a practical reminder: clear policies are necessary but not sufficient. Consistent enforcement and meticulous documentation of what prompted an investigation, what records were checked, and why conclusions were reached matter when supervisory disputes overlap with protected activity. The Nov. 20, 2025 opinion, which amended an earlier panel disposition, follows a prior appellate action on July 25, 2025, and leaves key factual questions for a jury to decide. 

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