It seems logical: If the person who hired a member of a protected class later fires that person, it can’t be discrimination. After all, why would someone hire an employee only to turn around and fire him for an illegal reason such as racism or sexism?
Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired the employee. Courts generally assume that the employer’s stated reason for discharge— , for example—is the true reason and not an excuse to cover up discrimination.
That doesn’t mean, however, that you can be loose with your discharge reasons. Make sure your reasons are valid and solid.
Recent case: Osama Ibrahim, a Muslim of Egyptian origin, worked for the city of Houston. He was hired by a black manager on the recommendation of another Muslim manager, who is also from Egypt.
The black manager later fired Ibrahim for poor performance, but not until Ibrahim and the Egyptian manager discussed the black manager’s alleged anti-Muslim prejudice. Ibrahim had recorded several conversations with the Egyptian manager in which they discussed that alleged racism.
When Ibrahim sued, he produced the transcripts of those conversations. They showed that the Egyptian manager had told Ibrahim the black manager had told him he didn’t want to hire Muslims. That was enough evidence to send Ibrahim’s case to trial.
The court said that just because the black manager had hired and fired Ibrahim did not mean he couldn’t have fired him because of his race, national origin or religion. The employer will have to persuade a jury it had solid performance reasons for the discharge. (Ibrahim v. City of Houston, No. H-07-4329, SD TX, 2009)
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/9356/boss-who-hired-also-fired-back-it-up-anyway "
- More courts lose patience with frivolous claims; they're asking failed litigants to pay up
- Don't write a zero-tolerance violence policy unless you plan to apply it every time
- Beware discussions concerning employee longevity
- Prison guard not entitled to indefinite light duty
- What managers need to know about sexual harassment