Most workplaces now reflect the nation’s increasing diversity. Don’t let that worry you. An employee can’t sue just because a manager who makes employment decisions belongs to a different racial group.
Recent case: Bryan, who is black, sued when he was fired for job abandonment after he took. He alleged that his white supervisor and the company’s white HR manager terminated him because of his race.
The court tossed out the claim. It reasoned that the mere fact that Bryan is black and the decision-makers are white didn’t automatically mean Bryan had been discriminated against. (Grenion v. Farmers Insurance Exchange, No. 12-CV-3219, ED NY, 2013)
Final note: Bryan’scase continues, since he presented evidence he took leave and wasn’t allowed to return. The employer will have to prove he abandoned his job.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Supreme Court: Collective-bargaining agreements can force workers to arbitrate discrimination claims
- Making false sexual harassment complaints
- Track special requests for changes in hours, work
- Read EEOC and PHRC complaints carefully to avoid surprise lawsuits later