reverse discrimination
nitewarrior
4 Posts
we have a small office just 7. We have one person who is a different ethnic group. Our problem is that she comes in late every day at least 30 minutes, takes 2 hour lunches and leaves early every day but turns in time sheet with 40 hours. Every one is afraid to say any thing to her cause of discrimination fears. but it is really bring down the moral of the rest of staff. How is the best way to handle this problem without suffering a legal battle?
Comments
Since you have less than 15 employees Title VII doesn't apply (with a very few exceptions). Even if it did, you would just need documentation of her performance issues and it is best to have proof that you have treated other employees the same (i.e. not working a full schedule get 1st verbal warning, 2nd written warning and 3rd termination) to be able to combat any claim from her. Sounds like management is running scared without truly looking at the risks/liabilities/consequences.
You didn't really say what position you are in. Do you handle the HR? Does the highest management back up your recommendations/decisions? Does the highest management see the lowering of morale? Are you in a place where you could point it out?
Sounds like the tail is wagging the dog, but unless management decides to take the risk (which is my mind is minute), the situation will continue to grow.
Hey, promote her to manager and then she will be exempt!
Seriously, I agree with Smurf that you should initiate/update your hours of work/break policy. When communicating it, state that if the policy is not followed, you may have to institute a computer-based sign-in, sign-out system. Just the threat may turn the wayward employee around.
You get in trouble for treating a person who is different in a manner that is different from the way you treat others, not for fairly enforcing reasonable policies aimed at the orderly, efficient, and safe conduct of business. If you have an attendance policy, then you should enforce it fairly. If your attendance policy doesn't cover the issues that are causing problems, then I would update the policy, get signed acknowledgements on the updated policy, file the acknowledgements in the EE files and enforce the policy fairly.
You titled this thread "reverse discrimination", which has always been a problematic phrase for me. The law says that you may not consider race as a factor in employment decisions. There is no reverse of this: either race is a factor or it isn't, regardless of the mix of races under consideration. In general, if you have reasonable policies and you enforce them fairly, then you are not likely to run into any issues related to illegal discrimination.
I agree with TXHR Guy. This isn't about race- it is simply an attendance issue. It sounds like this company is setting a bad example regarding leadership. I agree that the policy needs to be revised and better yet- if you have staff meetings or round robins- you can introduce the policy and have the acknowledgments signed as a group to show commitment and hopefully "buy-in" from your management staff. I have dealt with employees like this throughout my career and they end up draining the life out of good organizations if you put a stop to it- now. Progressive discipline is key and excellent documentation. I wish you the best.
Angie
HR Manager
It sounds to me as if you have a pretty good case for disciplining this employee. As long as your reasons for discipline are not based on her being in a protected class, you'll be fine. Just be sure to document,d ocument, document!! And be sure that you're disciplining employees consisently. If other employees are having attendance issues, you have to address those issues, too.
And about whether or not antidiscrimination law applies...it may be that your state has its own discrimination laws that apply to employers with fewer employees than needed to be covered by Title VII.