Some employees attribute perfectly reasonable actions to race discrimination just because the decision-maker happens to belong to a different protected class.
Fortunately, courts usually quickly dismiss such cases.
Recent case: Flakewood, who is black, was hired as an ultrasound technician. His supervisor was white. A white woman who worked with Flakewood complained to the supervisor that Flakewood was sexually harassing her. He forwarded the complaint, and a white investigator concluded that Flakewood violated company policy. He was fired.
Flakewood sued, but offered no proof of bias, merely arguing that his termination was the result of white people’s actions. The court said that wasn’t enough. It dismissed the case. (Tucker v. Thomas Jefferson University, No. 11-1223, 3rd Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Use formal application processes to ward off failure-to-hire/promote lawsuits
- Tell all bosses: You must report harassment
- Think lawsuit won't materialize? Test theory on calendar
- What should we do? The law and our union rules are on a collision course over harassment