Jottings By An Employer's Lawyer |
Sunday, January 09, 2011
2011 --- the Year of the Non-minority?
One example of such a case comes from Peter Thompson's Maine Employment Lawyer's Blog, Can an employer fire a white employee for using the n-word if it lets black employees say it?. The employee in question was a news broadcaster at Fox 29 in Philadelphia before he was fired for using the n-word, while black employees were not disciplined for their use. According to Thompson's blog post, District Judge R. Barclay Surrick's 36 page opinion is a worthwhile read not only for the factual background, but for the complexity of the legal issues (which also includes a discussion of a cat's paw theory). Turning to the central issue he noted: In El Paso, right before Christmas, a jury returned a verdict in a case that also seems to make the point. The Odessa American headline over an AP story told the story, Anglo worker wins discrimination suit. The case was brought by a white benefits manager who had an altercation with his Hispanic supervisor. The company fired both. The employee's lawyer, John Wenke, argued that: The company feared the human-resources manager, who is Hispanic, would file a discrimination lawsuit if fired, so company officials fired both Duncan and the manager. Wenke claimed the company feared the human-resources manager, who is Hispanic, would file a discrimination lawsuit if fired, so company officials fired both Duncan and the manager.The jury apparently agreed, returning a $5.8 million verdict. Two cases are hardly a trend, but they are enough to get one's attention. Labels: discrimination, MDV
Comments:
I am an HR professional with over 17yrs experience in the public and private sector. Use of that word is not exceptable for anyone...especially in the workplace regardless of the race of the person using it. Use of that word should be met with immediate and appropriate remedial action - including termination.
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By the way, I am a Black Man.
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