There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.
Recent case: Stanley was a warehouse manager. He had open-heart surgery and was out for several weeks. When he returned to his job, medical restrictions limited the number of hours per week he could work.
He soon filed an EEOC complaint alleging that his employer refused to abide by his doctor’s orders. Stanley claimed retaliation for taking, interference with the right to and refusal to engage in the ADA’s interactive reasonable accommodations process.
Shortly after he filed the complaint, Stanley met with a supervisor to address supposed. Stanley claims during that conversation, the supervisor advised him that if he “got rid of” the EEOC case, “everything would be OK.”
Stanley didn’t drop his complaint and was fired almost immediately. Then he sued.
The court said the case should go to trial, based in part on the supervisor’s comment about the EEOC complaint. That alone, the court wrote, could be interference with Stanley’sor retaliation for exercising those rights in addition to retaliation for filing the original complaint. (Hanczyc v. Valley Distribution, No. 3-CV-10-2397, MD PA, 2012)
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/33361/remind-supervisors-absolutely-no-comments-about-employees-pending-eeoc-complaint "
- Employees who sue and lose are now more likely liable for court costs
- Lessons from the Courts: June 2009
- When employee sues, beware whistle-blower add-on that alleges violation of public policy
- Prepare for lawsuit if you change hiring criteria in middle of selection process
- Hooters cashier rings up lawsuit