The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency.”
Supervisors must dole out discipline in equal amounts for equal behaviors. Trying to “get tough” on one worker or “set an example” with another will only trigger discrimination complaints and lawsuits.
Case in point: A prison guard uttered the “n” word twice in a conversation about racial tension at the prison. Her supervisor wrote her up as violating a work rule against using racial slurs and epithets. As a result, she was demoted.
The guard sued for sex discrimination, alleging that male guards who used the terms “wetback” for a Hispanic prisoner and “wood” for a white prisoner were not punished. A jury sided with her, concluding that she’d been treated more severely because of her gender. (Moss v. Texas Department of Corrections)
- Set policies, establish clear process for employees to report sexual harassment
- Can we mandate EAP counseling when employee views porn at work?
- Constant badgering about health, weight may be age discrimination
- Extra work, harsh treatment may not be reverse discrimination
- Bypass ADA interactive accommodation process at your peril