Bruce’s Summary: Although this case was decided in another federal district court, the fallout has the same potential: Those who are considered the ultimate decision makers shouldn’t make comments or remarks that can be viewed as direct evidence of a discriminatory bias.
It is one thing for the Supervisor in conversation with the Plaintiff to say another individual got the promotion because they had management experience, but to add the second comment, “Plus you were on maternity leave for a while,” introduces a subject that is not work related. This is basic 101 of what not to say and this case would be a great example to use in supervisory training, by HR Professionals, in how off hand inappropriate comments that have nothing to do with work can cost the Supervisor as well as the organization. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”