When two employees can’t get along, the best solution is often to separate them. But when that happens, managers need to be careful about how the decision is made.
In one recent case, the manager supervised two employees — one male, one female — who had a verbal dispute.
When it was clear the two couldn’t work together, the woman was transferred to a different office. Her pay was increased because of the change in location.
Problem solved, right?
Wrong.
The woman complained that the transfer increased her daily commute by two hours. She also claimed her new job duties made the position less desirable, despite the raise.
She sued the company for discrimination, claiming she was moved because she was a woman. Allegedly, the man involved had a history of picking fights with female co-workers and had never been punished, despite several complaints.
The court ruled in her favor. The transfer was considered an adverse action because of the longer commute and the change in duties. And there was ample evidence that the male co-worker was treated favorably because of his gender.
Cite: Maglietti v. Nicholson
