Employee thinks discrimination has occurred...

[eerelations]

Again OP, perception matters a great deal here. HR (and the EEOC if this employee makes a formal complaint outside the company) will see this:

* you have nine Caucasian employees and one Mexican employee
* the Mexican employee is by far the best worker you have (and possibly have ever had)
* you reward this employee by giving him more work and less pay than the other nine employees

How do you think HR (and the EEOC, if applicable) will interpret the above? What does it look like to you?

 

[not2cleverRed]

Again OP, perception matters a great deal here. HR (and the EEOC if this employee makes a formal complaint outside the company) will see this:

* you have nine Caucasian employees and one Mexican employee
* the Mexican employee is by far the best worker you have (and possibly have ever had)
* you reward this employee by giving him more work and less pay than the other nine employees

How do you think HR (and the EEOC, if applicable) will interpret the above? What does it look like to you?

*This* is where the issue of fairness comes in... and why treating everyone the "same" by giving them equal raises is not "fair".

Why is OP giving the guy more work than everyone else, even after he's complained that his back is bothering him? If this worker is so much more efficient than the "more experienced" workers, perhaps it is because the "more experienced" workers have learned from their experience that there is no reward for doing a better job.

And what would OP be posting if the good employee walked in today and announced that instead of filing a complaint, he was going to slow down and emulate the better paid workers?

 

[eerelations]

*This* is where the issue of fairness comes in... and why treating everyone the "same" by giving them equal raises is not "fair".

Why is OP giving the guy more work than everyone else, even after he's complained that his back is bothering him? If this worker is so much more efficient than the "more experienced" workers, perhaps it is because the "more experienced" workers have learned from their experience that there is no reward for doing a better job.

And what would OP be posting if the good employee walked in today and announced that instead of filing a complaint, he was going to slow down and emulate the better paid workers?

And I'm not even bothering with the sore back bit.

 

[PleaseEnterName]

Yes I understand how it doesn't look very good but everything is never as it seems. I am not trying to place blame on others but human resources was also aware of this because the employee went to them as well.

 

[LdiJ]

Yes I understand how it doesn't look very good but everything is never as it seems. I am not trying to place blame on others but human resources was also aware of this because the employee went to them as well.

You are seriously in denial. If you do not take your head out of the sand things could go very badly.

 

[eerelations]

Yes I understand how it doesn't look very good but everything is never as it seems. I am not trying to place blame on others but human resources was also aware of this because the employee went to them as well.

And you think HR should therefore share the blame with you? I don't get this way of thinking of yours, doesn't make sense at all.

And regarding "everything is never as it seems" you are correct. Perception is everything here, and what is perceived is what's going to cost you your job.

 

[cbg]

That's fine. But it's not going to be HR's head on the block if he sues. It's going to be yours.