Basic Employment Law for Managers & Supervisors 8th Ed. PDF

CONSISTENT APPLICATION OF RULES IS BASIC TO FAIRNESS Managers and supervisors must apply work rules and work standards consistently. If it looks like one approach is being taken in one case but not in another, people may assign improper motives to the action, even if no such motive was present. The...

CONSISTENT APPLICATION OF RULES IS BASIC TO FAIRNESS Managers and supervisors must apply work rules and work standards consistently. If it looks like one approach is being taken in one case but not in another, people may assign improper motives to the action, even if no such motive was present. The following actual cases show how companies got in trouble when work rules were not applied in a consistent fashion: 1 A black employee was fired for insubordination when she refused to stay late for overtime. The employee was able to prove race discrimination because white employees who left at the regular quitting time on the same day were not disciplined. 2 An employer engaged in "reverse discrimination" when firing a white employee for theft of cargo while retaining a black worker who was involved in similar misconduct. 3 Firing a female machine operator was discriminatory, even though the operator violated unwritten safety regulations, because males usually operated the same machinery in a similar fashion. "Don'ts" for supervisors. To avoid inconsistency: • Don't play favorites by constantly giving favorable assignments to the same individuals. • Don't issue a warning to one employee who has broken a company rule and ignore the same conduct of another employee. • Don't only document to build a case against troublemakers or people you want to fire. Document good performance as well as poor performance. AVOID RETALIATION Applicants, employees and even former employees are generally protected under employment laws from a wide range of retaliatory acts by employers. Retaliation is unlawful when it is directed against an individual who has engaged in protected activity, like asserting a statutorily protected right, opposing a prohibited employment practice, or participating in a statutorily authorized investigation or proceeding. Even an employee's verbal complaints may be considered protected activity. Since anyone can oppose unlawful discrimination and participate in proceedings intended to stop discrimination, the retaliation ban can protect individuals who were not themselves victims of the original claimed discrimination. Retaliation protections even extend to employees who speak out about discrimination and harassment not on their own initiative, but in answering questions during an employer-ordered internal investigation. What types of employer conduct can be considered illegal retaliation? To be unlawful, retaliatory action must be something that an objectively reasonable employee would find significant enough that it is "likely to dissuade employees from complaining or assisting in complaints about discrimination." Prohibited retaliation can even include actions not directly related to the job or that cause harm outside of the workplace. Often retaliation charges come up when an employer wants to 20 discipline an employee. Consequently, managers and supervisors must review all of the circumstances surrounding the proposed discipline, keeping in mind a checklist of activities against which employers cannot retaliate. To reduce the likelihood that employees who claim discrimination or otherwise assert protected rights will file retaliation charges, managers and supervisors should: • Avoid unequal treatment. Treat employees who have claimed discrimination or participated in investigations or other proceedings on behalf of employees the same way as individuals who participated in proceedings on behalf of the employer. • Establish an independent basis for discipline. If discipline is warranted, it can never be based on an employee's participation in protected proceedings. Since unlawful motive is the key, be careful not to create an appearance of unlawful motive. • Don't try to limit participation rights. Promises not to file a charge or participate in proceedings should not be included in contracts requiring the use of alternative dispute resolution procedures, waiver agreements, employee handbooks, employee benefit plans, and noncompete agreements. First, these promises are generally not enforceable, and second, they may also amount to independent violations of the anti-retaliation provisions of employment laws. TREAT PEOPLE KINDLY AND RESPECTFULLY Kind, respectful treatment of employees will improve their performance and actually reduce the chance of discipline problems. How can a manager or supervisor focus on treating employees kindly and respectfully? Follow these tips: • Ask yourself how you would like to be treated by your boss. Then treat people working with you accordingly. • Let people clearly know what is expected of them as employees. • Don't make unreasonable demands. • Make work assignments in a courteous manner. • Take the time to explain why the work people do is important. • Stop to ask people for their help in solving problems. • Make people feel valuable. Take time to thank them for their contributions. 21