Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented.
Recent case: Robert Dickerson worked for a college as a part-time janitor. He has mild mental retardation. He also has a long history of. He filed an EEOC complaint about discrimination following several poor evaluations.
Then he asked his supervisor what he could do to be hired full time. The supervisor offered advice: Don’t sue your employer.
Later, Dickerson was fired for poor performance. He sued, alleging the supervisor’s comment was clear evidence of retaliation.
The court said the remark was “imprudent” but that it was still clear Dickerson was terminated for poor performance. (Dickerson v. Board of Trustees, No. 10-3381, 7th Cir., 2011)
- Use 'general public' test to determine whether employee is disabled under the ADA
- Paper trail cuts both ways if it shows unequal discipline
- New hire running into trouble right away? Document problems early and often
- Brace for lawsuit if 'demotion' involves less prestige, fewer opportunities
- OK to discipline, even after harassment claim