The latest from Work Matters
| Say "cheese" |
| Federal courts continue to police employers who allegedly retaliate against employees who seek to complain of discrimination. Look at the 7th U.S. Circuit Court of Appeals' Feb. 18 decision in Loudermilk v. Best Pallet Co., et al. Judge Frank H. Easterbrook sketched out the facts. A black employee complained to his supervisor that Hispanic employees were being treated more favorably than him because of his race. The supervisor told him, "Put it in writing." The next day he did and was "fired on the spot." The trial court granted summary judgment to the employer because of conflicting evidence on whether the supervisor read the note, to which Easterbrook tartly responded, "What did [the supervisor] think was in the note he received the next day? An invitation to a birthday party?" The judge also commented that the employer came close to confessing to retaliation. How? The employer said that one of the reasons for termination was the employee's violation of its rule against taking photos in the workplace. Easterbrook commented: "If the reason that [the employee] snapped the photos was to bolster his claim of discrimination, then forbidding picture-taking looks a lot like an attempt to block the gathering of evidence during an investigation." Employers need to ask themselves: Will my reason for termination suggest that the company was seeking to frustrate the employee's gathering of information to support his claim of discrimination? If so, they should re-think the decision. |
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