Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.
Recent case: At one point during her time as a Books-a-Million employee, Kimberly Smith asked her boss if she was being discriminated against because of her race. She didn’t say anything more about it until she got a better-paying job with another employer.
Then she sued, alleging pay discrimination. She also said she had been retaliated against when she failed to receive a bonus.
The court nixed the retaliation claim because she hadn’t complained about discrimination—she had merely asked a casual question. The court dismissed her other claims, too. (Smith v. Books-a-Million, No. 09-15478, 11th Cir., 2010)
Final note: Do you perform exit interviews when an employee resigns? If so, document the conversation to show the employee didn’t complain about discrimination.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12690/casual-question-about-bias-isnt-protected-activity "
- Employees can't cry 'retaliation' if they're not eligible for leave
- Can we require employees to waive their rights to file an EEOC charge?
- Complaint: anti-gay slurs, propositions by Jesse Jackson
- Don't feel compelled to permanently reassign essential job functions to satisfy FEHA
- For trusted public employees, unsavory off-duty conduct can amount to a firing offense