Verbal Warnings
According to the EEOC, an oral warning or reprimand is appropriate only if misconduct (e.g., harassment) was isolated and minor.
If an employer relies on oral warnings or reprimands to correct harassment, it will have difficulty proving that it exercised reasonable care to prevent and correct such misconduct. (Source: www.eeoc.gov/policy/docs/harassment.html)
In other words, don’t let promises from your employer, regarding someone being written up or “spoken to” about misconduct guide your decisions as to whether or not your employer is providing ample protections for you under the law. If you have been the victim of substantial and pervasive misconduct, the punishment of the offending individual should be more significant. For instance, it may be more appropriate that the individual be demoted, transferred, etc. Only you know the severity of your situation, but you should demand whatever punishment fits the crimes committed against you.
Additionally, your employer’s response to misconduct should be immediate. If your employer does not immediately correct pervasive misconduct, they are opening themselves up to legal jeopardy.
If an employer relies on oral warnings or reprimands to correct harassment, it will have difficulty proving that it exercised reasonable care to prevent and correct such misconduct. (Source: www.eeoc.gov/policy/docs/harassment.html)
In other words, don’t let promises from your employer, regarding someone being written up or “spoken to” about misconduct guide your decisions as to whether or not your employer is providing ample protections for you under the law. If you have been the victim of substantial and pervasive misconduct, the punishment of the offending individual should be more significant. For instance, it may be more appropriate that the individual be demoted, transferred, etc. Only you know the severity of your situation, but you should demand whatever punishment fits the crimes committed against you.
Additionally, your employer’s response to misconduct should be immediate. If your employer does not immediately correct pervasive misconduct, they are opening themselves up to legal jeopardy.
posted by S. Mary Wills at 9:00 AM
2 Comments:
this is an issue that i am currently going through at my job to discredit me i am constantly being written up and made to appear that i am the problem when that is completely false
As I said, a white supervisor has to walk on eggshells when reprimanding a black employee in a working class setting. This is a class issue as well. In white collar settings people generally know when they did something wrong and will own up to it and correct their mistakes.
The image of a white person reprimanding a black person is too much for some people to bear in the blue collar world. Only whites get yelled at these days.
Black supervisors need to act as enforcers and take the initiative in these situations. These problem employees will often try to cozy up to black supervisors and call them 'bro' or 'sista'. This tactic often fails, but not always. Black supervisors are as susceptible to flattery as anyone and need to be aware of this tactic.
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