Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.
Recent case: John, who is black, worked as a manager at CSC, a tech firm. When a female subordinate complained to John’s boss that John had sexually harassed her, the supervisor didn’t investigate immediately. However, when the woman filed a written complaint, the case was turned over to HR. After investigating, the company fired John.
He sued, alleging race was a factor in his discharge.
But CSC laid out its process, including the harassment specifics and got the case tossed out. (Crosby v. Computer Science Corporation, et al., No. 11-60661, 5th Cir., 2012)
Final note: Some cases take years to go to trial. Retain supporting documents for the long haul.
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- Michigan's Elliott-Larsen Civil Rights Act covers reverse discrimination, too
- Make sure your harassment 'cure' doesn't make the condition worse
- Set job application rules, apply them equally
- Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR
- Don't tolerate insubordination, rudeness