As an HR professional, you’re probably used to mediating what seem like silly disputes between co-workers. If neither employee mentions race, chances are a simple personality conflict is at the heart of the matter. Leave it at that—with a note for the record.
Recent case: Arleen, who is black, got good reviews. But then a white co-worker joined her work unit, and the two didn’t get along. Arleen complained to HR that she was being harassed, yelled at and intimidated. She never mentioned race.
Then Arleen quit her job so she could go back to school. That’s also when she decided to sue, alleging she had been forced to work in a racially hostile work environment.
The court tossed her case when she offered no proof she had complained about racial hostility. (Brown v. Kessler, No. 11-1758, 3rd Cir., 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR
- Who gets the promotion? 6 steps to smart and legal decisions
- 'How may I insult you?' Rude salespeople ignite bias suits
- Not everything workers post online is protected