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An Unwanted
Nickname Spells Trouble
Mamdouh El-Hakem, who is of
Arabic heritage, claimed that his employer and manager
discriminated against him by repeatedly referring to him as
"Manny." The manager expressed the belief that a "western"
name would be more acceptable to clientele. Though the
company appealed, arguing that no racial discrimination
occurred because the name "Manny" is not a racial epithet,
recently the Ninth Circuit Court of Appeals agreed that
there was discrimination based on race and, due to the
frequency and pervasiveness, the conduct created a hostile
work environment. El-Hakem was awarded $30,000.
n
How you might be
impacted: Many employees might choose a nickname
to go by and that is okay. But, when it is the employer who
is dictating the nickname, that is another story altogether.
Make sure nicknames are not used in a way that is offensive
and that could be perceived as discriminatory.
"Same-Actor
Inference"…what does that mean?
Not something cooked up by
Hollywood. Rather, the "same-actor inference" relates to a
situation where hiring and then firing occurs within a
relatively short time and involves the same decision-maker
(i.e., manager). The courts have determined in many
situations that there was no discriminatory discharge
because since the same decision-maker recently hired the
individual, it is unlikely that the termination was for
discriminatory reasons.
A recent Ninth Circuit Court
of Appeals decision has broadened the concept to include
situations where an employee is discharged shortly after
being promoted. Of course, employers will still be expected
to prove a non-discriminatory reason for the decision to
discharge, but the recent decision is considered a win for
employers.
n
How you might be
impacted: Make sure all managers and supervisors
are trained in appropriate hiring, performance management
and termination procedures, as well as how to avoid
discrimination in the workplace.
Favoritism
Can Create a Hostile Work Environment
A manager who gives special
treatment to an employee with whom he/she is romantically
involved, may create a hostile work environment for other
employees who, even though more qualified, are passed over
for assignments.
In a recent case, two female
employees claimed that a manager was having sexual affairs
with several female employees and these employees received
promotions, favorable assignments and other rewards. Though
the lower courts could not establish a claim for sexual
harassment under the California Fair Employment and Housing
Act (FEHA), the CA Supreme Court disagreed. The CA Supreme
Court clarified that sexual harassment does not occur when
there is an isolated instance of favoritism granted to an
employee with whom a supervisor has a consensual sexual
relationship. However, as in this case, extensive sexual
favoritism in a workplace can create a hostile work
environment, in which female employees can reasonably
conclude that management views them as 'sexual playthings'
or that women must engage in sexual conduct with their
supervisors to receive favorable consideration.
n
How you might be
impacted: Consider implementing policies around
romantic relationships at work. Many employers prohibit
mangers from having romantic relationships with
subordinates. |
Back
in the late 1990's we all got used to pretty much expecting
a 4-4.5% increase in base pay each year. Those days have
been gone since around 2000, but things are looking up
again. 
Ignoring
it won't make it go away!
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