Salary Negotiating 101: 7 secrets to boosting your career earnings, negotiating a raise and striking the best deal in a job offer negotiation

Nix the Nicknames: 'Grandma' Will Get Even

By Mindy Chapman, Esq., Mindy Chapman & Associates
9/11/2008 - 10:00pm
Discrimination & Harassment

Mindy Chapman, Esq., Mindy Chapman & Associates

Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law monthly newsletter. She is highly regarded for her workplace compliance training that “clicks and sticks,” because it is practical and memorable. She is also the coauthor of the American Bar Association’s bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."

The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the workforce—from boardroom executives to managers and supervisors and to hourly employees in union and non-union environments.

View all articles by Mindy Chapman, Esq., Mindy Chapman & Associates

Every workplace has managers who love to hand out nicknames to employees and co-workers. That’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense to his or her special nickname. As this new court ruling shows, nicknames are dangerous and can be used as part of a “mosaic” to prove discrimination …

Case in Point: Jolyn McDonald, 54, worked for 17 years at a Best Buy store in Illinois as a customer service manager. She’d been promoted to her position after an “exceptionally strong performance history” and positive performance reviews.

One day, the store manager gave her a written warning for failing to adapt to the company’s new business model. Witnesses testified that company leaders said employees who had “been around for a while” had a harder time adjusting to the new focus. The store manager recommended that McDonald step down from her job to spend more time with her grandchildren.

A few months later, a new store manager took over and started calling McDonald “Grandma” in front of other employees. He was also known to brag that he could fire any employee “with proper documentation.” He placed McDonald on a performance improvement plan before her even worked with her.

Soon after, McDonald was told she was being demoted because her staff handled situations poorly. She quit and filed an Age Discrimination in Employment Act (ADEA) lawsuit. The ADEA prohibits workplace discrimination against employees 40 years of age and older. Employees must be able to prove either direct age discrimination or “circumstantial evidence" that suggests discrimination. McDonald said the nickname was strong circumstantial evidence.

In court, Best Buy countered by claiming that “Grandma” isn’t an age-related nickname because people under 40 could also be grandparents. (McDonald v. Best Buy Co., U.S. Dist. Court, CDIL, 8/28/08)

What happened next … and what lessons can be learned?

The court didn’t “buy” Best Buy’s argument about “Grandma’s” nickname. It stated, “What matters most is the most commonly accepted meaning of the word.“ McDonald was ”unquestionably labeled with the moniker because of her age or personal characteristics properly associated with persons of an older generation. Calling someone ‘Grandma’ does suggest ageism.“

The court said McDonald presented ”a convincing mosaic that her age was a determative factor in a corporate culture that was intended to clean out older workers.“

3 Lessons Learned ... Without Having to Go To Court

1. Remember the ”Pat“ Rule. Courts use a reasonable standard when determining harassment and discrimination. If an employee’s name is Patrick or Patricia and they like the nickname ”Pat,“ then it is reasonable to call them that. All other nicknames that could have even the perception of being tied to a protected characteristic—age, national origin, race or disability, etc.—must be prohibited in the workplace.

2. Audit your policies. Make sure your written harassment, discrimination and retaliation prevention policy and your electronic policy prohibits the use of nicknames based on protected characteristics.

3. Train everyone. To make sure your written policies are understood and enforced, train all employees, managers and executives on conduct that is prohibited. It’s a shame that Best Buy had to waste its time and resources trying to sell the court on a new definition of the oldest word in the dictionary. The court just didn’t think it was a ”best buy." (There are still some things that even the latest technology can’t change.)

Tags: ada, age discrimination, discrimination, employees, hr, retaliation

Salary Negotiating 101: 7 secrets to boosting your career earnings, negotiating a raise and striking the best deal in a job offer negotiation