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claims of harassment, discrimination

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xtina56

Junior Member
What is the name of your state? California
Good morning,
I am on the Board of Directors for a non-profit organization. We recently hired two co-directors to run our facility, and I'm happy to say that one has worked out beautifully. The other one, though, has had major difficulty with her written and verbal communication skills. In an effort to help her increase the level of professionalism in her communication, several board members have offered advice, both verbally and in email form, with regards to specific issues (asking that she refrain from using slang like "lol" or "c-ya" in emails to the Personnel Committee; asking her to use the proofreading abilities of her co-director before distributing professional documents such as memos or fliers to our staff, etc.).
Our attempts at offering specific advice and constructive criticism have been met with hostility, at best. She has freely used the words, "harassment," "discrimination," and "micro-management" in response to our suggestions, and has hinted more than once that her resume' has been distributed to other potential employers.
While I know that CA is an at-will employment state, there are several factors that may come into play:
1. She is Hispanic
2. She is a new mom (her baby is five months old)
3. She is still within her six-month probation period
All of us on the Board had high hopes that she would be an excellent match for our organization, but our hopes are being dashed with her thinly veiled threats of talking to a lawyer and contacting the EEOC.
We have given her one review thus far, and offered specific feedback with regards to her job performance. While she has made some improvements, she is still using those strong words in her communication with the Board.
Legal Question:
Based on the information provided above, do you see any indication that we have acted improperly?
We really want to do the right thing for everyone involved, and appreciate any advice you might have.
Thanks in advance.
 


mlane58

Senior Member
xtina56 said:
What is the name of your state? California
Good morning,
I am on the Board of Directors for a non-profit organization. We recently hired two co-directors to run our facility, and I'm happy to say that one has worked out beautifully. The other one, though, has had major difficulty with her written and verbal communication skills. In an effort to help her increase the level of professionalism in her communication, several board members have offered advice, both verbally and in email form, with regards to specific issues (asking that she refrain from using slang like "lol" or "c-ya" in emails to the Personnel Committee; asking her to use the proofreading abilities of her co-director before distributing professional documents such as memos or fliers to our staff, etc.).
Our attempts at offering specific advice and constructive criticism have been met with hostility, at best. She has freely used the words, "harassment," "discrimination," and "micro-management" in response to our suggestions, and has hinted more than once that her resume' has been distributed to other potential employers.
While I know that CA is an at-will employment state, there are several factors that may come into play:
1. She is Hispanic
2. She is a new mom (her baby is five months old)
3. She is still within her six-month probation period
All of us on the Board had high hopes that she would be an excellent match for our organization, but our hopes are being dashed with her thinly veiled threats of talking to a lawyer and contacting the EEOC.
We have given her one review thus far, and offered specific feedback with regards to her job performance. While she has made some improvements, she is still using those strong words in her communication with the Board.
Legal Question:
Based on the information provided above, do you see any indication that we have acted improperly?
We really want to do the right thing for everyone involved, and appreciate any advice you might have.
Thanks in advance.
Based on the details of your post I can't see anything that would indicate that you have acted illegally or unethical. Sounds like the employee is attemtping to use threats to keep his/her position intact. You really need to run this by in house counsel or a local labor and employment attorney to advise you on specifics.
 

BelizeBreeze

Senior Member
mlane58 said:
Based on the details of your post I can't see anything that would indicate that you have acted illegally or unethical. Sounds like the employee is attemtping to use threats to keep his/her position intact. You really need to run this by in house counsel or a local labor and employment attorney to advise you on specifics.
TRANSLATION: Get your corporate attorney's blessing THEN can her ass :D
 

mitousmom

Member
You can't prevent an employee from consulting with an attorney or EEOC and filing a claim alleging discrimination. All your employees should believe that they can do so with impunity. Nor, should you be held hostage by your employee's accusations or plans.

Your concern should be on whether the Board is evaluating her performance without regard to her national origin, status as a new mom, or her accusations. You should treat her as you have any other employee with performance deficiencies. Keep your focus on her performance deficiencies, providing her with appropriate feedback and assistance. If she does take legal action, you want to be sure that the evidence shows that she was treated in a non-discriminatory manner.

I'm not sure what her national origin or her new motherhood status has to do with her ability to communicate orally or in writing. Isn't that more a function of educational attainment?

I would, however, suggest that if her written communications need review, that you assign that responsibility to someone other than her co-director.
 

BelizeBreeze

Senior Member
mitousmom said:
You can't prevent an employee from consulting with an attorney or EEOC and filing a claim alleging discrimination. All your employees should believe that they can do so with impunity. Nor, should you be held hostage by your employee's accusations or plans.

Your concern should be on whether the Board is evaluating her performance without regard to her national origin, status as a new mom, or her accusations. You should treat her as you have any other employee with performance deficiencies. Keep your focus on her performance deficiencies, providing her with appropriate feedback and assistance. If she does take legal action, you want to be sure that the evidence shows that she was treated in a non-discriminatory manner.

I'm not sure what her national origin or her new motherhood status has to do with her ability to communicate orally or in writing. Isn't that more a function of educational attainment?

I would, however, suggest that if her written communications need review, that you assign that responsibility to someone other than her co-director.
TRANSLATION: I have no idea what the right answer is but I'm too chicken-hearted to tell you that you have the LEGAL right to fire her.
 

xtina56

Junior Member
discrimination, harassment responses

Thanks, everyone, for your feedback.
Mitous Mom, I provided the specifics regarding the employee (national origin, new-mom status, etc.) to give you some additional insight as to the challenges we may face if we choose to terminate her.
Our fear is that those items, combined with her perception of our treatment of her, may lead her to pursue legal action against us.
We would never dissuade anyone from contacting the EEOC or a lawyer, much less filing suit if they felt they had been unfairly treated by our organization. We would just rather avoid going down that path if at all possible, and in reading other postings at this site, it seemed that the more information I provided, the more accurate your advice could be.
I'll take the suggestions to my fellow board members.
Thanks again.
 

mlane58

Senior Member
mitousmom said:
You can't prevent an employee from consulting with an attorney or EEOC and filing a claim alleging discrimination. All your employees should believe that they can do so with impunity. Nor, should you be held hostage by your employee's accusations or plans.

Your concern should be on whether the Board is evaluating her performance without regard to her national origin, status as a new mom, or her accusations. You should treat her as you have any other employee with performance deficiencies. Keep your focus on her performance deficiencies, providing her with appropriate feedback and assistance. If she does take legal action, you want to be sure that the evidence shows that she was treated in a non-discriminatory manner.

I'm not sure what her national origin or her new motherhood status has to do with her ability to communicate orally or in writing. Isn't that more a function of educational attainment?

I would, however, suggest that if her written communications need review, that you assign that responsibility to someone other than her co-director.
Re-read the Op's post. OP never and I repeat never stated they told or even hinted to the employee not to speak to an attorney or the EEOC.
 

BelizeBreeze

Senior Member
mlane58 said:
Re-read the Op's post. OP never and I repeat never stated they told or even hinted to the employee not to speak to an attorney or the EEOC.
awww come on now M, didn't you know MightyMouth is only jumping to the inevitable conclusion ;)
 

mitousmom

Member
That statement was in response to the OP's statement: ". . . but our hopes are being dashed with her thinly veiled threats of talking to a lawyer and contacting the EEOC."

My point was that there was nothing that she could or should do to prevent that possibility and shouldn't be held hostage by it. As I noted in the next ¶, her focus should be on the board's treatment of the employee and ensuring that the evidence showed that it was non-discriminatory.

My sense was that OP was looking for assurance and/or guidance that should the employee take legal action, any review would show that the board acted appropriately and non-discriminatorily.
 

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