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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!What is the name of your state?
 


ecmst12

Senior Member
Job discrimination is not a criminal matter so you wouldn't be a "convicted" anything. It's not likely that you could personally be held liable as the company will have insurance and lawyers for these situations. Before the employee can sue, they have to file a complaint with the EEOC, who will investigate and determine whether a valid case exists. If they don't find a valid case, you have nothing to worry about, the person will be barred from suing the company.
 

ecmst12

Senior Member
I thought they could NOT sue unless they had the "right to sue" letter? That's what I've been reading.
 

cbg

I'm a Northern Girl
You cannot sue unless you have a right to sue letter. But almost everyone gets a right to sue letter. It's like a consolation prize.

Once you get the letter, THEN you can sue IF you get a lawyer to take the case. If no lawyer will take it, chances are pretty good you had no case to begin with.
 

ecmst12

Senior Member
But almost everyone gets a right to sue letter. It's like a consolation prize.
See, nobody mentioned that part before. I thought you only got one if your case had merit! If that's not the case, what's the point of making people get the letter?
 

eerelations

Senior Member
Okay, maybe I'm just a dumb Canadian, but I thought an EEOC claimant received a right-to-sue letter if/when the EEOC decided not to pursue the case...which leads me to think that if they're not pursuing the case, they (the EEOC) think it has no merit (or at least not enough merit to bother with). Please correct me if I'm wrong.
 

pattytx

Senior Member
A "right to sue" letter being issued because the EEOC is not going to pursue the case doesn't necessarily mean it doesn't have enough merit to go foward. The EEOC has limited resources and decisions are made based on, among other things, how many individuals are affected, the severity of the case, and whether or not a decision in this case will set a precedent. Unfortunately, they can't take every case, however meritorious it might be.
 

mmgsc100

Junior Member
Thanks for all the replies, I am a bit more relieved. Can the company now dismiss him if he refuses to be trained by me? (even if he agrees to come to the training) The training is fedearlly mandated, and the company can get in trouble if we use him untrained. Also, if this goes forward through the EEOC, is this 'public record'? Will this follow me if someone checks?
 

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