Supreme Court Provides Recourse for Retaliation by Bad Bosses
Sheila White, a forklift operator, was sexually harassed by her boss at Burlington Northern railway. She asked his managers to make it stop. They didn't like that she filed a formal complaint because, according to employment law, that meant they were required to actually do something about it. So they suspended her—as if she was the cause of the problem—and then they transferred her to a dirtier job. (Read more about it here: http://docket.medill.northwestern.edu/archives/003256.php)
It's called "retaliation." Managers strike out at the employee who inconveniences them by asking for help—help which those managers are obligated by law to provide. And it happens all the time. The victim is punished and the guilty manager gets away with being doubly-bad—first harassing the employee and then punishing the employee for telling.
In the past, unless a harassed employee was permanently affected, as in termination or pay reduction, no action could be taken against the nasty employer. But yesterday the Supreme Court declared that this bad-boss behavior is a no-no. Now, employees who suffer retaliation may sue their employer for "materially adverse" actions—actions that would be likely to discourage a reasonable person from filing a discrimination claim.
According to the article, one lawyer, who represents employers in job discrimination cases, said "Companies will have to be much more careful as to how they manage employees who are covered by Title VII." They still don't get it! That's like saying "They're going to have to be sneakier about how they abuse employees so they don't get caught at it and then have to pay damages resulting from law suits."
This ruling is good news for workers, but it's a sad statement for our society that we have to legalize good manners. It's a pretty simple concept: employers need only to be civil. Get it? Civil rights.
It's called "retaliation." Managers strike out at the employee who inconveniences them by asking for help—help which those managers are obligated by law to provide. And it happens all the time. The victim is punished and the guilty manager gets away with being doubly-bad—first harassing the employee and then punishing the employee for telling.
In the past, unless a harassed employee was permanently affected, as in termination or pay reduction, no action could be taken against the nasty employer. But yesterday the Supreme Court declared that this bad-boss behavior is a no-no. Now, employees who suffer retaliation may sue their employer for "materially adverse" actions—actions that would be likely to discourage a reasonable person from filing a discrimination claim.
According to the article, one lawyer, who represents employers in job discrimination cases, said "Companies will have to be much more careful as to how they manage employees who are covered by Title VII." They still don't get it! That's like saying "They're going to have to be sneakier about how they abuse employees so they don't get caught at it and then have to pay damages resulting from law suits."
This ruling is good news for workers, but it's a sad statement for our society that we have to legalize good manners. It's a pretty simple concept: employers need only to be civil. Get it? Civil rights.
