Cathy Collings wanted to fire one of her employees, a state social worker, because he refused to license homosexuals as foster parents. The worker said that his religious beliefs prevented it.
Collings recommended the firing as part of her four-page draft. The employee requested a transfer and eventually sued Collings for religious discrimination. A jury awarded the employee $26,500 in compensatory and punitive damages. (Phillips v. Collings, No. 00-2176, 8th Cir., 2001)
Advice: When you bump up against a worker's religious objections, your first thought should be to work around the problem, not force the employee to change. In this case, the court noted, accommodating the worker would have been relatively easy because licensing homosexuals as foster parents was rare, and other social workers could handle those cases.
Also, aevaluation alone usually doesn't equal an adverse employment action, but it can be an important part of the picture. Collings recommended firing the employee in part because of his religious beliefs, and although the final evaluation only said he needed improvement, it had mushroomed to 53 pages of criticism.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Federal employment bias claims may be subject to grievance arbitration
- Don't overreact to co-worker's isolated racial slur, but don't ignore it either
- High court to tackle immigrant rights, standards for cases
- Company, man with dreadlocks settle after jury deadlocks