Managing the Complainers Before They Sue For Discrimination 

 

 

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If you manage actual humans, you’ll most likely run into a person who believes that whenever something doesn’t go their way it’s because of illegal or immoral (not always the same thing!) discrimination.

On Wednesday I wrote about how a coworker should react to whining and threatening behavior, but being a manager requires a different reaction.? Why?? Because it’s your job to not just endure. To re-cap, on Wednesday a reader wrote about his religious coworker who made everyone else uncomfortable with her constant barrage of religious condemnation and complaints about how she was being discriminated against.? She was making life miserable for everyone else.? So, what if you’re her boss?? Here are 5 things you should do. (Please note, I am not a lawyer and this is not legal advice.)

    Make sure she isn’t actually being discriminated against. But she’s not, you say.? Well, you’re not.? You’re treating her fairly.? But, think back to 7th grade.? Remember how there was always a kid that was simultaneously teacher’s pet and the biggest bully in the school?? This bully could threaten, manipulate and terrify other students but was a paragon of virtue and hard work around the teachers.? Well, that kid is all grown up now and may be working at your office.? He hasn’t lost the ability to threaten, manipulate and terrify other people outside of the earshot of authority.? When someone complains that they are being discriminated against because of their religion/gender/nationality/etc. you need to investigate.? Your Human Resources department should be happy to help you out on this. Be consistent in your discipline. This woman is being obnoxious and causing problems and she’s using religion to do so.? You cannot allow this behavior to go on.? But, you cannot tell her that she’s causing problems while ignoring the man who is constantly going on about the environment and quizzing people on their carbon footprint.? Both behaviors are obnoxious and make other people uncomfortable.? If you only write up the religious woman and not the environmental man you are discriminating against her because of her religion. Document, Document, Document. You should, of course, always be doing this.? And documentation isn’t just writing someone up when they’ve done something bad.? It’s also noting when they’ve done something good.? If the only female/male/black/white/straight/gay/Christian/Jew in the department doesn’t get the promotion he/she thinks is coming, you better darn well have performance appraisals, e-mails, and documented conversations to back up your decision to promote someone else.? That means you’re going to have to show not only why this person didn’t get the promotion but why the other person did.? You should already be doing this, of course, regardless if you have someone who is claiming unfair treatment.? (And keep in mind that some courts are holding that visiting an attorney is protected behavior.) Too much accommodating can backfire. You’re afraid of a potential lawsuit from your threatening employee, so you bend over backwards to make sure she’s accommodated.? Keep in mind that if she gets every Sunday off but others who have requested Sunday off as well don’t get it, you are discriminating against them because of their religion (or lack thereof).? Even a white, heterosexual, under 40 male can sue and win. Stick to your company policy. At an American Bar Association meeting, Elizabeth Hirsch presented evidence that “that having some prior legal experience, being a larger employer and having other EEO?compliance programs can reduce the likelihood of an unfavorable outcome for employers.” You may not have prior legal experience, but your HR department and your legal department should have.? If they have a policy in place, follow it.? If you’re a small company without those things, establish policies and shell out the money to have it reviewed by a competent labor and employment law attorney.? Managers that go outside company policy may find themselves in big trouble on the discrimination front.

So, all of these things are nice policies and all, but what do you actually say?? Let’s take the examples from Wednesday’s post:

Situation 1

Employee A:? I��m going skiing this weekend.

Employee B:? Don��t you know that Friday/Saturday/Sunday (I don��t know her religion, so I��ll just throw in 3 potential holy days) is a holy day!? People who ski on Friday/Saturday/Sunday will burn in Hell!!!!!!!

Manager:? Employee B, can I see you in my office for a moment?

(In office)

Manager:? Employee B, I appreciate that you have strong religious beliefs, but you are making your coworkers uncomfortable.? Your are harassing your coworkers because their beliefs differ from yours.? Do not do this.

Employee B:? You’re just saying that because you don’t like my religion.? I’ll sue you for discrmination!

Manager:? I am not discriminating against you.? I am informing you that you must treat your coworkers with respect.? All employees must be treated with respect.

Situation 2:

Manager:? I��m looking forward to the company holiday party next week.

Employee B:? You are just discriminating against me because I don��t celebrate Christmas.? This company is always discriminating against me because of my beliefs.

Manager:? Employee B, the company holiday party is to celebrate the end of the year.? We’ve all worked hard and we like to relax.? It is open to everyone regardless of their beliefs.? If you choose not to participate, that is fine.? It is a completely voluntary activity.

What you must not do in any of these situations is slink back to your office and hope it blows over.? These things never blow over.? Managers who manage the problems when they occur end up with fewer surprises and happier workforces.

Photo by Sylvar, Flickr cc2.0

 

 

   

 

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