Wrongful Suspension??

[bnies]

Illinois.

I have just been suspended for two weeks for bringing to work a Halloween decoration (the investigation just ended today) that my EEO manager perceived "to denigrate or show hostility toward African Americans and/or Christians". The decoration was a Halloween prop created to resemble a character from the movie Jeepers Creepers. I brought it in to a co-worker who has a traditional display of Halloween items at that time of year. Anyway, my suspension was based on my involvement in bringing this offensive item into work. Our organization allows us to bring stuff to work, but obviously not offensive stuff. I didn't perceive this as offensive. Looking back on it now, I could see that somebody might be offended by it, but prior to my awareness that it could be offensive, I only saw it as a simple Halloween prop. There was an anonymous complaint to the EEO office that stated there was an offensive "gory and grotesque" Halloween decoration on display in the area where it was. When the EEO manager came out, a black woman, she viewed the item as "depicting a black man hanging on a cross". NOW my questions....Does the EEO manager have to suspend somebody for this? Can't she force removal of the item and organize retraining for my lack of awareness? Isn't it the EEO manager's responsibility to make sure I am trained properly? I am at a loss for this situation. I have worked for this company for 8 years and have never had any allegations of this type nor of any other. I am married to an African-American woman with whom I have three half African-American children and I am a Christian. This doesn't add up to me other than I am a white male and the EEO manager feels that I am not sensitive enough to understanding members of otehr races and is making an example of me. But no matter how much training I receive, I will never be able to know what offends everyone. A rule of thimb that she told me during her investigation was "if you have any doubts, don't do it!" - I had no doubts with this - I just didn't see it the same way as her or the anonymous complaintent.

Any thoughts??

Brian

 

[ANA FALACTIC]

Illinois.

I have just been suspended for two weeks for bringing to work a Halloween decoration (the investigation just ended today) that my EEO manager perceived "to denigrate or show hostility toward African Americans and/or Christians". The decoration was a Halloween prop created to resemble a character from the movie Jeepers Creepers. I brought it in to a co-worker who has a traditional display of Halloween items at that time of year. Anyway, my suspension was based on my involvement in bringing this offensive item into work. Our organization allows us to bring stuff to work, but obviously not offensive stuff. I didn't perceive this as offensive. Looking back on it now, I could see that somebody might be offended by it, but prior to my awareness that it could be offensive, I only saw it as a simple Halloween prop. There was an anonymous complaint to the EEO office that stated there was an offensive "gory and grotesque" Halloween decoration on display in the area where it was. When the EEO manager came out, a black woman, she viewed the item as "depicting a black man hanging on a cross". NOW my questions....Does the EEO manager have to suspend somebody for this? Can't she force removal of the item and organize retraining for my lack of awareness? Isn't it the EEO manager's responsibility to make sure I am trained properly? I am at a loss for this situation. I have worked for this company for 8 years and have never had any allegations of this type nor of any other. I am married to an African-American woman with whom I have three half African-American children and I am a Christian. This doesn't add up to me other than I am a white male and the EEO manager feels that I am not sensitive enough to understanding members of otehr races and is making an example of me. But no matter how much training I receive, I will never be able to know what offends everyone. A rule of thimb that she told me during her investigation was "if you have any doubts, don't do it!" - I had no doubts with this - I just didn't see it the same way as her or the anonymous complaintent.

Any thoughts??

Brian

Brian, it's very typical of Negroes to view the simple things in life as denigrations. They are very touchy about these things; especially when you ask them about their White genes.

Send the Negro woman a copy of an "Amos and Andy" tape. She'll love it. Then, invite her for a cup of coffee with you to a "Sambo's" restaurant.

 

[bnies]

Thanks ANA - but that doesn't get my two weeks of pay back. Do I have a leg to stand on here for any legal action?

 

[bnies]

Inquiry

I guess I am not amking my inquiry real clear, but I am curious as to whether or not I have any chance of a reversal should I choose to appeal this through my employers appeal process.

 

[Beth3]

Does the EEO manager have to suspend somebody for this? Do you mean does the law obligate her to suspend you? No.

Can't she force removal of the item and organize retraining for my lack of awareness? If she wishes to go that route, she may. I don't see why the company should spend the time and money to retrain everyone when just one person had a judgment problem though.

Isn't it the EEO manager's responsibility to make sure I am trained properly? The EEO manager is not responsible for an individual's poor judgment so I strongly suggest you don't try and blame her or the company for your lack of sensibility.

But no matter how much training I receive, I will never be able to know what offends everyone. Which is true of all of us and why it is better to err on the side of caution.

A rule of thimb that she told me during her investigation was "if you have any doubts, don't do it!" Excellent advice.

Look - plead ignorance, explain that you had no intention of offending anyone or doing anything that remotely smacked of racism, apologize, and say it will never happen again. Sincerity will go a very long way here.

 

[Beth3]

I guess I am not amking my inquiry real clear, but I am curious as to whether or not I have any chance of a reversal should I choose to appeal this through my employers appeal process.

How would anyone here possibly know that? My advice is to apologize as I suggested above, do not make this a bigger deal about this than it already is, and get it behind you.

 

[bnies]

Beth3

Thanks for your response. I have apologized. I admitted error in judgement from the beginning. I admitted responsibility by bringing this item into work. But I do not admit to "denigrating or showing hostility toward African Americans or Christians" which is what I am being suspended for. If they would have suspended me for poor judgement, then I wouldn't have much to argue. But for the offense that I was "charged" with, I cannot agree to. I am married to an African American woman, my children are 1/2 African American, and I am a Christian. I was informed that the organization, which is a contractor for the Department of Energy, had to administer harsh discipline to avoid a potential lawsuit. Does this really make a difference should the offended person decide to file a lawsuit? This item was viewed by several African Americans in the department as non-offensive. One person was apparently offended by it. I recognize that the organization cannot have that, but, although intent doesn't make it right, it was not intended to be offensive - and nobody can tell me any different. It was a Halloween decoration. We could fill a room with 10 people and half would see a glass half empty, while the other half could see it as half full. I am not guilty of "denigrating African Americans or Christians" so I can't "just get over it". At least not soon.

 

[Beth3]

But I do not admit to "denigrating or showing hostility toward African Americans or Christians" which is what I am being suspended for. You don't have to admit it nor does that make a difference. Management is calling the shots here and it's their opinion that counts. You're agreement with their judgment is not required.

I suggest you let the situation die down for a while and then have a chat with the EEO manager or your HR representative and see if they'll modify the wording of the disciplinary action. When some time has passed and everyone is calm and has some further perspective on the incident, they may agree that the wording is a bit harsh.

 

[bnies]

Beth3

There is another issue here. When the original complaint was sent to the EEO office, the EEO manager came to the warehouse where it was on display. Upon walking through the warehouse and not finding anything that could be offensive to her, the supervisor for that department pointed out to her that perhaps they were referring to the Halloween display area for one of his employees. Upon closer inspection of that employees work area, they reviewed this particular decoration and decided that perhaps this is what the complaint was about. The EEO manager told the supervisor to photograph the item, remove and destroy it, and send her the pictures. It wasn't two hours later that the EEO manager came back to the warhouse with the Labor Relations Manager and decided that this was offensive to African Americans and Christians.

 

[Beth3]

Okay but that changes nothing.

You feel you have been unfairly castigated - I get that; but the issue is that it's not your judgment that matters here. The company is calling all the shots. If your company has some internal appeals process, you're free to make use of it if you wish to. I am completely unable to tell you whether that will make any difference or whether, in this instance, it's even a good idea.

 

[bnies]

Beth3

Following the steps for the internal grievance process is probably what I am going to do. I fear that I face additional adversity by doing so. I am protected from that right?

 

[Beth3]

Following the steps for the internal grievance process is probably what I am going to do. I fear that I face additional adversity by doing so. I am protected from that right?

No, not by any laws. You are not filing a complaint about any unlawful activity your employer engaged in - you are simply questioning their judgment on how they categorized your behavior and subsequently disciplined you. Using your employer's grievance process is not a protected activity.