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I am currently a respondent to allegations of race

Customer Question
discrimination. I am a...
I am currently a respondent to allegations of race discrimination. I am a caucasian asst director at a very large organization i run a unit of about 73 staff members. I have been in my job for over 2 years and did this same job for the same organization about 3 years ago for 1.5 years. The problem is the organization is so risk adverse that employees bully the manager because they know it takes an act of congress to get someone fired. My manager are scared to manage because it all ends up being claims of race. I have good documentation on corrective actions and coaching. I have received approval from HR on all of these any any policy changes. It feels like a which hunt and the organizations lack of willingness to follow their own policies and values makes my job very hard to do. This is a hostile environment for women who have any kind of significant responsibility and make decisions. The same kind of witch hunt happens to any women here like me. we are told to be nice, watch facial expressions, when we have employees verbally attack us - had an employee practically leap over a table and call me a bitch and all i could do was give her a verbal write up. I have an employee that is a documented bully and she is allowed to exhibit passive aggressive behavior towards me, i have employees who have stole time (grant funds) and they just received a suspension, the list goes on how ridiculous this system is. Now I have to defend every decision i have ever made due to false allegations out of retaliation for doing the right thing for the organization. I can prove all of it.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 4 months ago.Category: Employment Law
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Answered in 26 minutes by:
7/25/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,602
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, when we give classes to employers on how to avoid discrimination claims we raise situations just like yours to let employers know how ridiculous the workplace has become. However, the fact remains that thanks to changes in the last 12-18 years, the workplace has become a place where the inmate essentially run the asylum because as you said employees can file complaints continuously, which essentially hampers efficient operation of the business.
I am afraid the only thing you can really do in these situations is have another supervisor with you at all times and always use the "buddy system" when speaking to employees to avoid complaints. Sadly so many people are looking to scam employers and seeking a quick payday.
So in answer to your question, really you need to protect yourself by conducting your business in the presence of witnesses from here on out an that is all you can legally do to really try to protect yourself.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 4 months ago
Thank you. That is my current practice.
Customer reply replied 4 months ago
I need advice on how to formally respond to the allegations.
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

Well, since I have no clue as to the specific facts of the allegations how can I give you information on responding? Also, I cannot represent you and we do not represent you so we cannot give you advice, only provide you information.

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Customer reply replied 4 months ago
are there any case law where an employee in my situation has successfully sued their employer?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

Actually, that is an easy answer, "no," An employer has a duty to deal with all employee complaints of discrimination and unfortunately, management bears the brunt of these frivolous claims. It is interesting most of these complaints never happen until some employee is disciplined. That is the common practice, an employer or manager tells an employee something and instead of taking blame they make excuses and file complaints. That is, I am afraid, the new way business is done.

I represent tons of employers, it is sad that managers cannot manage, but the managers have no course of action against the employer.

The managers COULD SUE any employee who makes a known false claim against them for defamation, but it requires you to prove you suffered some monetary loss as a result of the false claim in order to sue the employee for defamation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 119,602
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