Words are tricky — sometimes an employee will interpret a manager’s comments in a way the supervisor never intended. Take this scenario, based on a real-life court case:
“Have a seat,” HR manager Lynn Rondo said as supervisor Todd Koehler walked into her office. “I have a few questions about Chekandino Miller.”
“OK, fire away,” said Todd. “What do you want to know?”
“What’s the story behind his nickname?” she asked. “Chekandino is suing us for racial bias.”
“What? That’s ridiculous,” said Todd, shaking his head.
“Well, he’s pointing the finger at you. That’s why I called you in. We need to discuss this nickname – and a couple of other issues, too.”
What’s in a name?
“Oh, please! His nickname is ‘Dino.’ How is using his nickname discriminating against him?”
Lynn sighed. “Chekandino said you referred to him as Dino because it sounds less African than his given name.”
Todd stared at her. “You’re kidding.”
“He also claims you approved time off for his white co-workers, but not for him,” said Lynn.
“No way. The other guys put in for vacation time before he did. First come, first served is my policy. And the nickname is the craziest part. Dino is just easier to pronounce. Even his wife calls him Dino.”
Chekandino sued, claiming racial discrimination. The company tried to get the case thrown out.
Did the company win?
Answer:
No, the company lost.
The company said the managers hadn’t discriminated against Chekandino because he’d given out vacation on a first-come, first-served basis. The company’s lawyers even got ‘Dino’ to admit his wife called him by that nickname.
But the judge looked at the supervisor’s decisions – denying earned vacation time and refusing to call the employee by his given African name – and concluded the string of events may have been racially motivated.
Alone, the nickname didn’t amount to bias, but when combined with the other circumstances, a jury might find the supervisor’s actions were motivated by bias, said the judge.
Now the company faces a costly trial – or an expensive settlement.
Analysis: Comments may amount to bias in court
In today’s litigious world, your managers can get your company in trouble with just a small slip of the tongue. Words count. Offhand comments may not seem like much, but what’s innocuous to a supervisor may well be obnoxious to an employee.
Which means it’s more important than ever to stress to your managers the importance of watching what they say – your company could end up in court if they don’t.
Cite: Tefera v. City Center Parking
