Manager’s shockingly dumb comment sinks firm in court
Oh, those wacky managers — can’t live with them, can’t live without ‘em. But company officials should be kicking themselves for this supervisor’s mental lapse that put his firm in court.
Fifty-year-old African-American Anthony R. Johnson worked as a part-time seasonal employee for Hershey Creamery in Harrisburg, PA.
At the end of the season, Johnson was laid off — but two Caucasian workers were hired full-time. Johnson asked why he’d been passed over for the two men. His manager said seasonal employees were hired for full-time work based on their work ethic, attendance, attitude and excellent performance. One of the men hired full-time also had previous experience and a commercial driver’s license — things Johnson did not have.
The next year Johnson was hired again and then let go at the end of the season — and again a white colleague, who had started work at the creamery after Johnson, was brought on full-time.
When Johnson asked why he’d been passed over this time, his manager’s response — that the guys in the department wanted the other guy there more — didn’t add up.
So Johnson filed race and bias complaints against the creamery.
When the next season rolled around, Johnson called his manager to ask if he was being hired again. His supervisor responded by saying that he wouldn’t be hired because he’d filed a complaint against the company.
Guess what happened next
Not surprisingly, Johnson then filed a second complaint, this one alleging retaliation.
In court, the creamery tried to get the case thrown out, but the court wasn’t having it.
Based on the manager’s comment, it was clear the company wasn’t hiring him due to the fact that he’d filed a complaint. It may have been a casual comment, but it sounded just like retaliation to the court, which sent the case to trial.
Hannesson Murphy of Barnes & Thornburg LLP believes issues like this can be avoided at other companies with proper training:
This case stands as yet another reminder that employers should make sure that supervisors, managers, and company officers are educated on the significance of their behavior in the workplace. Those in positions of responsibility should be extra careful not to make off-the-cuff statements that will later be used against them.
The case is Johnson v. Hershey Creamery Co.
The post Manager’s shockingly dumb comment sinks firm in court appeared first on HR Morning.
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