Does 1 comment = discrimination

lnelson

We had an incident were a supervisor not of this person made a racial remark. She was of that race and heard the remark. Later, the supervisor went to the V.P of the company and informed her that he had made this derrogitory remark and was sorry, he was upset about something and said it. The other employee had not notified anyone of the comment. Upon hearing what happened the V.P called the employee into her office along with the supervisor. At that point the supervisor apologized and the employee accepted stating not a problem she did not think anything of it. This was the last time it had happpened. Now the employee is receiving a written disciplinary for something that happened between her and another employee. The first thing that comes up is the comment the was made now 5 mths earlier with the supervisor. 2 totally separate issues. How do we respond? This employee is dening that she had said what the disciplinary states. Even though we have witnesses to this in writing but, did not convey this to her. She refused to sign but notated that it is not true and she is unhappy about the whole event.
What should we have done or do now?

Sunny

If you are very sure of your facts about the current incident, I would proceed with your disciplinary process. It appears that this employee is attempting to gently blackmail the Company into giving her a pass on this incident. If I responded at all, I would just say that we were dealing with her behavior now, not another individual's past behavior and that I didn't see the relevance. I would focus on her behavior now. The main problem I see is if you are disciplining her for the same kind of behavior shown by the Supervisor who, apparently, was not disciplined. If this is the case you may want to rethink, as inconsistent discipline uusually spells trouble.

Rockie

I agree with Sunny. The previous incident was handled very appropriately. The company took action, supervisor apologized (even though the employee did not lodge any type of complaint) and the apology was accepted. This is over and done with.

The second incident should be dealt with just as appropriately. Handle it as if there was no prior incident. If employee brings this up again, remind her that the prior incident was handled appropriately and that you are discussing the present incident.

I would then go on to handle the same as you would any incident.

lnelson

Thank you for your comments. The issues are different basically the employee was speaking to a very new employee in a different dept. stating "if she wasn't regretting taking the position here yet, she will" the new employee was alittle taken aback and this statement along with others were made in the presence of another employee. The person who made the comment said that is not what she said. During the disciplinary she stated she said something to the effect of, I thought I would regret working here, but I don't. The employee who was present during the altercation confirmed in writing that this statement was the one made "if she wasn't regretting taking the position here yet, she will" .

The new employee did not bring this to our attention but, the other who heard the comment did. If the employee who said the comment doesn't admit to it or sign the discpilinary what else can we do. Should we ask her to write down her description of the events?

lnelson

The
>person who made the comment said that is not what she said. During the
>disciplinary she stated she said something to the effect of, I thought
>I would regret working here, but I don't. The employee who was
>present during the altercation confirmed in writing that this
>statement was the one made "if she wasn't regretting taking the
>position here yet, she will" .
>
Please help. I have requested from both employees an acoount of what had happened. The employee who was having the disciplinary was very upset about this. She came into my office very hostile wanting to know why I was rehashing this. I told her I am not rehashing but, trying to get to the bottom of it and move on from there. She proceded to start telling me, I told her I prefer it to be via e-mail or hand written because as in this case things can be interpetted wrong. I also said I am not placing blame on either of them I am just trying to get this resolved so we can clear the air. HELP!!!

Don D

I agree with Sunny. Inconsistent discipline equals disaster, especially when a guilty supervisor received the more favorable treatment. To answer your posted question, though, typically one comment does not equal illegal discrimination or hostile workplace. It's documented behavioral patterns and systemic stupidity that you have to watch for.