Friday, April 16, 2010

An Employer's Oral Warnings May Not Prove They Tried to Prevent Harassment and Misconduct!

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:

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.


Anonymous Anonymous said...

It really is thanks to deadweight like you and the litigious environment you foster that our corporations are offshoring like mad. They don't have this kind of Stalinist nonsense in India and China, and this is why they are taking our jobs.

HR lady, let me tell you another business anecdote: when Toyota decided to build plants in the US, they settled in lily white midwestern towns with little union activity and race-extortionists like the kind you support. Because the Japanese don't want to deal with your BS. And they have been handing GM's ass to them on a plate. GM is hobbled with having to employ lazy, union, race-aggrieved workers in Detroit.

If all the firms you have dealt with are so terrible, why work for them? Start your own company and hire all black workers. I dare you. You and I both know you'd be out of business in 6 months.

You know it's true.

10:24 AM  
Anonymous Anonymous said...

Honestly all whites or all black businesses do not work well.It appears that it take all kinds of people to make the world go round. Also, the HR Lady is truly needed and appreciated. Evidently you are white which places you in a privledged situation that you are automatically prejudged with 100% and I as Black walk in a organization having to prove myself being prejudged at 0%. I must agree that there is a higher percentage of Blacks that are lazy but do not be fooled I have met plenty of whites that are lazy and full of excuses too, so lets not go there and think the White race is flawless. We all have issues. lets not be the type to use a race or group of people to build America and once we are done with them give them there walking papers like Arizona or similar to slavery time.

6:09 AM  
Blogger Del Mar said...

The idiot who called the creator of this blog " deadweight" is either a true idiot or just blind. Discrimination is real, pervasive, and very damaging to the person(s) targeted. Often times one is unsure of what to do when faced with discrimination on the job, and it is nice to know that this blog provides intelligent, appropriate information on just how to handle the situation. This blog is a godsend.

11:08 AM  

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