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False racial harassment charge

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mmgsc100

Junior Member
What is the name of your state? Michgan

I have been the trainer for my company for a year now. I train the employees of our (small) company on regulatooy matters - DOT, FDA, etc. In January we had a required driver training in which one driver did not take part. He was given written notice in April to arrange with me to have the training completed by August. He did not complete the program. We are now scheduling yet another group training in Chicago. We are located in Detroit - Chicago is the main office. This driver was informed (by management) that he must attend this time or he can no longer drive for the company. I did not arrange the training dates or location.

The driver just filed a complaint against me for racial harassement. Among other things, he has stated that I 'lied' to him, and told him he had only three hours of training to complete (from August), and it turned out to be more like 4.5 hours. The company generally said to that part that incomplete is incomplete, and he must come to Chicago. The driver is mixing up the training requirement with a racial charge. This charge is baseless. We have worked together for over two years now and this has never come up before. Out of 18 'blue collar' employees at the company, only two are white, and I am the only woman in this position. (My primary job is in the warehouse, I do training as needed becasue I have the background) The 6 management/office staff are all white. The remaining emplowees betweent he locations are split between black and hispanic. I have trained pretty much everybody at one point or another and have never had a problem before.

Now my question. What are the ramifications for me personally in this complaint? My family advises me to just quit and not try to fight it, as the company is not backing me up. I have known the owners well for some time now (one is a family friend), and I understand they cannot just dismiss this complaint, but neither am I getting reassurance from them. They are discussing sending me to 'sensitivity training.' My brother told me this would be an admissiion of guilt on my part, plus that the company can be construed to be admitting guilt also, which may encourage the driver to pursue monetary damages. I have no idea. I am concerned for myself professionaly, as I have been trying to get out of the warehouse and do compliance work full time, whether with this company becasue we are growing into the need for this, or with another company. I can't see anybody hiring a 'convicted' racist to run a regulatory compliance program. Help!
 


Beth3

Senior Member
I don't see how quitting your job helps. For one thing, what are you going to say in interviews as to why you resigned your last job? If you want to leave, the best option is to quit this job after you've accepted another.

Sending you to "sensitivity training" is NOT an admission on the company's part that any racial harassment occurred nor that you acted wrongfully in any way. Rather, it could well be that if the employee making the baseless allegations tries to pursue his legal options, the company can demonstrate that they made a reasonable and good faith response to his compliant. Yeah, that is a lousy deal for you but legally, it may be the smart move for all parties involved.

It seems pretty clear that the employee has made the discrimination complaint in order to obfuscate the real issue - which is that he has not complied with the requirements of his job - making it difficult if not impossible for the employer to discipline or discharge him for failing to comply with the training requirements because if they do so, he's going to scream that it's retaliation for making the race discrimination complaint. I can promise you this isn't the first employee who has legally maneuvered the employer between a rock and a hard place for his own purposes.

Since you work for a small company, I'm going to guess that their internal HR/employment law expertise is very limited. Have you asked your boss/the company owner whether they've consulted with an employment law attorney for direction on how to handle the situation? They definitely should - handling complaints like this (particularly when there's another agenda on the part of the complainant) is not a do-it-yourself situation.
 

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