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** WorkLaw Alert **
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CHANGING PRIOR PRACTICES OR TREATMENT
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Companies often ask, "Can we change the way we treat employees without violating the discrimination laws?" "Can a new supervisor deviate from the practices of the prior supervisor without being accused of discrimination?" A recent case, Rojas v State of Florida, may highlight a trend among some courts to cease looking for discrimination behind a companies deviations in practice or procedures.
Background:
Rojas worked as Chief Veterinary Assistant supervising other veterinarians testing greyhounds at Florida dog tracks. Rojas charged the state and her new male supervisor with firing her on account of sex. Rojas's prior female supervisor had praised her work.
The new male supervisor sent a memorandum informing all vets that policies must be followed. The supervisor began documenting improper conduct that previously had been overlooked. For example, tardiness and absences apparently allowed by the prior supervisor were not allowed by the new, male supervisor.
To overcome the evidence of consistent treatment by the male supervisor, Rojas offered the evaluations of her prior supervisor who had praised her work and called her one of the "best supervisors she had ever had." The Eleventh Circuit did not view the different evaluations to be evidence of discrimination. "Different supervisors may impose different standards of behavior, and a new supervisor may decide to enforce policies that a previous supervisor did not consider important." Title VII should not be used to "litigate whether [plaintiffs] are good employees," but whether employer conduct was based on a prohibited basis (race, sex, national origin, citizenship, religion, disability, age, or military status).
Significance:
How Rojas's supervisor implemented changes should be considered by companies desiring to alter prior workplace practices or treatment. When Rojas's supervisor took over, he sent a memo to all vets highlighting the importance of following proper policies. As violations occurred, the supervisor sent memoranda to his superiors about the incidents.
Absent any other evidence of discrimination, written changes accompanied by notices of the changes seem to be accepted by courts as being issued without any discriminatory motive. Documented conduct consistent with the written procedure should be viewed as evidence of non-discriminatory conduct.
As expected, thoughtful changes to prior procedures or practices, if implemented with fair and consistent treatment of employees, may be accomplished without violating discrimination laws.
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WorkLaw Alert is provided by the Atlanta-based labor law firm of Taylor English LLP, an alliance partner of GreenSearch, and summarizes significant laws and cases affecting the workplace. Taylor English LLP represents many green industry employers and associations. As with most legal summaries, WorkLaw Alert is not intended to be legal advice. If you have questions about any particular situation, please contact your local counsel or Ray Stanford, Taylor English Duma at
678-336-7144 or rstanford@taylorenglish.com
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GreenFacts
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Approx. 70 million "baby boomers" will exit the U.S. workforce during the next 15 years, with only 40 million workers entering the workforce.
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** WorkLaw Alert **
CHANGING PRIOR PRACTICES OR TREATMENT!
Can a new supervisor change the rules?......
Read more here.
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