• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

After bias complaint, beware future discipline

by on
in Discrimination and Harassment,Employment Law,Human Resources

Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point.

Retaliation is anything that would dissuade a reasonable employee from complaining in the first place.

But employers aren’t powerless against employees who have complained. They just have to be smart when imposing discipline.

The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint. That way, the employee can’t show a connection between her complaint and the discipline. After all, managers can’t retaliate for something they don’t know about.

Recent case: Alice Cox worked as a secretary for a sheriff’s department before being transferred to a job at the local prison. Unhappy, she filed an age discrimination complaint.

Then Cox filed a written complaint alleging she had witnessed a guard strike a prisoner. The sheriff’s office investigated her allegations and concluded they were false. Cox was called before a supervisory board for potential discipline. The board, which knew nothing about her age discrimination complaint, concluded Cox had made a false report and recommended termination.

After she was fired, Cox added retaliation to her age discrimination lawsuit. She alleged she had been punished not for making a false report, but for complaining about age discrimination.

The court didn’t buy it, noting that no one who was involved in the false-report case knew anything about her age discrimination complaint. It tossed out her case. (Cox v. DeSoto County, No. 10-60405, 5th Cir., 2011)

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/13319/after-bias-complaint-beware-future-discipline "

Leave a Comment