Manager hires only members of same class? Don’t compound problems by firing them all — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Manager hires only members of same class? Don’t compound problems by firing them all

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in Discrimination and Harassment,Human Resources

In employment law, the adage that two wrongs don’t make a right is true. Don’t make the mistake an em­­ployer recently made when a super­­visor apparently favored members of his religion in hiring. It terminated them without providing a legitimate, performance-related reason.

Recent case: Nefi is of Mexican national origins, a legal immigrant and a member of the Mormon Church. He was friends with a supervisor at Will­­mar Municipal Services and at­­tended Mormon church services with the supervisor. When Willmar needed to hire a coal handler, Nefi applied.

He was eventually hired even though several members of the hiring committee didn’t think he was the best qualified.

They later said they only agreed to hire Nefi after pressure from the supervisor.

Apparently the supervisor had en­couraged hiring several other Mor­­­­mons. All, including the supervisor and Nefi, were eventually discharged for various allegedly ­performance-related problems.

Nefi sued, alleging discrimination based on his religion or national ­origin.

He pointed out that he had been questioned about his immigration status several times, and that no one else but Mormons were terminated.

That was enough for the court to conclude he could take his case to court. (Ibarra v. City of Willmar, et al., No. 12-3027, DC MN, 2014)

Final note: The numbers looked bad in this case. The employer fired every Mormon, perhaps in an overreaction to their hiring. But the Mor­­­­mons had been doing their jobs, making the move suspect.

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