National Origin Discrimination
Parabeagle
3,085 Posts
Okay, folks. Could use as much input before I go as I can get. Never come up against one like this before and I think I know how I want to handle it but just want some validation (or just some reality-check feedback).
Manager at one of our properties informs me that he has received a telephone call from an employee at a different property with whom he had previously worked. Manager says that the employee called him in tears saying that her boss has informed her that she can no longer be a head housekeeper (a position she has held for the past 6 years) because she cannot read or write English. The job description clearly states that an "ability to speak, read and comprehend simple verbal or written instructions, short correspondence and memos, spoken or written in conversational English... ability to write simple notes and directions..." is essential. (NOTE: This job description was not in force when the employee assumed this position - it was developed after I came to work here and has been distributed to and signed off by the employee).
I would also point out that this employee has received nothing but average or better performance appraisals for the last 7 years.
So we apparently have a manager who is preparing to demote an employee from her position over a matter that has not been an issue in the past - her ability to read and write in English. I am traveling North tomorrow to talk to the employee and the manager. There is a rumor that the employee has already contacted the EEOC and I want to rectify this situation before it gets out of hand. I'm curious about how you would handle a situation such as this. In my opinion, the employee is being unfairly treated - basically punished - for a protected characteristic (her nationality as manifested by her non-native English language capability) that apparently does not materially affect her ability to perform her job. If I find it's true, and the manager is preparing or has threated to demote her, how would you handle that?
Manager at one of our properties informs me that he has received a telephone call from an employee at a different property with whom he had previously worked. Manager says that the employee called him in tears saying that her boss has informed her that she can no longer be a head housekeeper (a position she has held for the past 6 years) because she cannot read or write English. The job description clearly states that an "ability to speak, read and comprehend simple verbal or written instructions, short correspondence and memos, spoken or written in conversational English... ability to write simple notes and directions..." is essential. (NOTE: This job description was not in force when the employee assumed this position - it was developed after I came to work here and has been distributed to and signed off by the employee).
I would also point out that this employee has received nothing but average or better performance appraisals for the last 7 years.
So we apparently have a manager who is preparing to demote an employee from her position over a matter that has not been an issue in the past - her ability to read and write in English. I am traveling North tomorrow to talk to the employee and the manager. There is a rumor that the employee has already contacted the EEOC and I want to rectify this situation before it gets out of hand. I'm curious about how you would handle a situation such as this. In my opinion, the employee is being unfairly treated - basically punished - for a protected characteristic (her nationality as manifested by her non-native English language capability) that apparently does not materially affect her ability to perform her job. If I find it's true, and the manager is preparing or has threated to demote her, how would you handle that?
Comments
Yes, she is being unfairly targeted. If for 7 years she hasn't had to write, read or comprehend the English language, then why on February 17th is it so crucial that all of a sudden she does?
If she does her job as well as she does then why would anyone want to demote her?
There is something larger that lies beneath and I am sure it will all come out in the wash when you have your meeting with this manager.
Tell him to stop being a dumb @$$ and let the woman do her job, the same job that she has been doing well for the past 7 years or he can pay any legal damages out of his own pocket.
How about you write in his job description that you can't be a dumb a$$, that way you can fire him for not meeting the job requirements. See how he responds to that.
Actually, to answer the question in your first paragraph, it is necessary in that the head housekeeper needs to be able to write and read schedules, inventories, maintenance notes, etc. How the employee in question has been able to "fake" that part of it all these years is something I won't find out until I talk to her, I'm sure.
And I do like your addition to the managerial job description. Might want to use it for all of them. Thanks.
He needs to back off and find another tree to climb!
Chari
What we find on our shop floor is that most processes can be taught using visual cues and demonstration - way better than reading about it in a manual, so consequently, it's only our admin. and supervisory personnel that are required to be able to read and write in English (and then it's "business English" if there is such a thing where communication is kept brief & there's a reliance on bulleted statements). The supervisory personnel are required to read as they are often the ones that have to teach others on the floor as well as create/give performance appraisals, interactions with customers, etc.
Let us know how it goes!
Re the job description change, I did a revamp of all job descriptions when I came aboard here and this was one of the positions company-wide that had no existing job description. However, all other head housekeepers need to utilize written and printed English on a daily basis, so the requirement stands, as far as I'm concerned.
I have a suspicion (based on nothing concrete, just a hunch) that this manager (who is relatively new to our company) may be trying to "clean house" and bring in new staff. Turnover at that property has increased markedly in the last two quarters and about half the departures were individuals who served under the previous, long-term manager. But this is just a suspicion. I have no anecdotal evidence or complaints from employees to back it up.
I will keep everyone posted. Mwild, your next latte's on me - meet you at Starbucks. x;-)
Otherwise you would need to look at the job description. Is this really a necessary qualificaiton of the job?
Good luck.
That aside, if the job description didn't matter before, why has it suddenly become an issue? (it wasn't the ee who wrote the description). If the ee was able to "cover up" their inability to the job, how did management not know? Did the employee lie on their application (and possibly who actually filled out the application)? I know the following advice is a cop-out, but after you have spoken to both people, get back to us.
You may need to make your job description more specific...at what level do you require reading? Do you or will you provide a test that verifies the skill prior to employment?
I have to agree with others, that she's been doing the job so well for so long, she's clearly developed some excellent coping skills!
This manager may have that hidden agenda you describe, but that said, it seems like you are condemning him for enforcing a company requirement. You stand by the need for the ability to read and speak English, yet you are ready to go after this manager (at some level) for going by the rules.
What kind of consistency issue are you going to have if you ever try to terminate some other EE with this requirement? Seems like this EE is a ready made example for the hypothetical plaintiffs case.
I like your approach though, speaking with the EE may give you some insight on other ways this position can manage the job without reading or writing English. Maybe the job description can be modified to encompass her coping mechanisms.
You got a good head on your shoulders and your instincts are usually on target. I am confident you can get to the bottom of this one.
Good luck.