Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline.
Be ready to defend yourself with solid, carefully documented proof that shows you disciplined employees equally.
Recent case: Sammie Springs, who is black, worked for the Veterans Administration as a laundry plant manager. One of his major job responsibilities was to update the environmental services handbook and track his employees’ training. He submitted the handbook late and incomplete, and failed to turn all the tracking files. He was fired and he sued, alleging race discrimination.
But Springs couldn’t point to anyone else who performed so poorly without being fired. He lost. (Springs v. Nicholson, No. 5:06-CV-344, ED NC, 2008)
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/6989/track-discipline-by-protected-characteristics "
- New employee a dud? Give the early hook without heading to court
- Promptly investigate co-worker harassment—and ensure employees know how to report it
- HIV case shines spotlight on ADAAA's broader disability definition
- It's OK to discipline employees for public displays of affection
- OK to consider qualifications that aren't in job description when setting pay