Charles Carroll worked as a high-ranking exec at IDEMIA, the company behind TSA PreCheck. He ran a new initiative called “Trusted Fan” and was involved in renewing a major TSA contract.
He was also in his 60s and had recently been diagnosed with prostate cancer.
A year after disclosing his diagnosis, and after delivering the TSA contract renewal, he was fired. The company said it was due to performance issues: lack of leadership, mishandling the Trusted Fan rollout, and frustrations around the contract renewal process.
The Sixth Circuit upheld summary judgment for the employer across the board, including on Carroll’s disability and age discrimination. Why? One word: documentation.
- Clearly documented its concerns about Carroll’s performance over time
- Provided contemporaneous notes and emails identifying leadership issues
- Had consistent internal messaging about why he was being terminated
- Never wavered—before or after the lawsuit—in citing performance, not protected characteristics, as the reason for his termination
Even though Carroll pointed to his age and cancer diagnosis, he couldn’t overcome the employer’s paper trail.
The court’s key takeaway? A well-documented and consistently applied performance-based termination is a strong defense—sometimes an unassailable one.
Here are the actionable lessons to takeaway from this case.
📌 Don’t wait until litigation to start building your case.
📌 If someone is underperforming, say it clearly, document it thoroughly, and follow up.
📌 When you terminate someone, make sure the “why” is known internally—and stays consistent.
📌 “At-will” doesn’t mean “at-random.” Your file should always tell the story.
If you want to avoid ending up in court in the first place or put yourself in the best position to defend if you end up their, make contemporaneous documentation part of your company’s culture. Performance reviews, coaching notes, follow-up emails—these things aren’t just HR busywork. They’re lawsuit insurance.
