Confronting Employer Retaliation
April 17, 2006
I haven’t been in the workforce long enough to experience any severe discrimination but if and when that happens, one part of my response will be influenced by an upcoming Supreme Court decision based on protecting employees from employer retaliation after that employee files a discrimination complaint.
The case is being brought by Burlington Northern Sante Fe Railway Co. and they are asking the Supreme Court “to overturn a decision by the Cincinnati-based 6th Circuit U.S. Court of Appeals that found that suspending a female forklift operator for 37 days without pay and transferring her to a more physically demanding job were “materially adverse” changes in her employment.”
The defendant, Sheila White, did not have her pay disrupted until she filed a sexual discrimination complaint with the Equal Employment Opportunity Commission. Burlington Northern eventually changed its mind and compensated Sheila for back pay.
According to the article, “from 1992 to 2004, employees filed nearly twice as many complaints with the government alleging retaliation by employers, making it the fastest-growing category of complaints in job discrimination-related cases.”
That’s interesting because I wonder how many of those complaints are filed by women and minorities? However, this case is an interesting chapter in the on-going tug-of-war between employers and employees. Now let’s assume you are susceptible to discrimination because of something silly as the color of your skin. And let’s further suppose you have three kids and a mortgage, how far would you push for civil and equal treatment knowing that your work-life could very easily become non-existent or extremely uncomfortable?
Your answer to this question no doubt will be affected by this decision because if you know that your employer can get away with discrimination and then force you out of your job if you file a complaint, then I would think that you would not push as hard. However, if you knew that you could sue your employer twice for retaliating against your original discrimination complaint, I imagine you would be a little bolder in speaking out. Ideally, everyone would speak truth to power whenever they see it, but I am aware that this thinking tends to fade over time. So maybe if the Supreme Court rules in favor of Sheila, then those who are really beholden to their jobs might muster enough courage to speak up for what’s right. And for as difficult as it is to actually prove discrimination, I hope the Supreme Court will not give employers the power to muffle the cries for justice.
Stay up fam,
Brandon
Flexible Work Hours
November 14, 2005
I have spent two months officially making my trek through corporate America. And one thing I know is that this 9-5 gig is kicking people’s butt! I often joke with my friends that I don’t understand how people can juggle work, marriage, children while staying sane. I readily admit my naivete given my age BUT seriously. Something has to give. People are working to die, not live. What’s really good? Thankfully, an article was released today in Christian Science Monitor that talked about a report showing the increased benefits of employers providing flexible work hours. Now let’s keep it real. Even if you could find things to do for the entire work day, you know that after about 3:30-4:00 no task is going to get your complete and undivided attention. And even if it is you are thinking, “This isn’t due by the end of the day, I will finish it first thing in the morning.” Therefore, you waste an hour and a half checking emails, doing online banking, or making task lists for what you have to do after work. (That might just be me.)
Nevertheless, I know that if I could leave at 3:30, I would still get all of my work done timely and accurately. The article stated, “For the business, it just matters that employees are best able to contribute and be productive so that the customers and internal shareholders are served.” In fact, one of the companies included was Deloitte and Touche and their managers had nothing but good things to say about the benefits of providing flexible work hours. Maybe if flex time became the norm, maybe people could remember why they work crazy hours and maybe, just maybe view their job as an interesting life activity as opposed to an activity that drives their live. Just think about the first question you ask when you meet someone. After their name, which you always forget, is what do you do? Maybe if we could provide some flexible work time, the answer to that question would be a lot more interesting.
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