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HOUSTON HOME JOURNAL On discrimination, emplopent Dear Mr. Rockefeller, I am a white male and my supervisor is now a black female; until recently, I actually super vised her and recom mended that she be fired. My employer told me that we could not fire her, because she would sue, and I was eventually demot ed and placed under her supervision. I feel that I am being dis criminated and retal iated against. What are my rights? Jf-gm xlw v J&A Jim Rockefeller The ‘Law’ man Dear Reader, I had dealt with something similar to your query in a series of columns last year, but, to review, Georgia is an “at will-state.” This means that your employer can fire you for any reason; even a stupid one. Is it a ridiculous managerial decision to ran domly fire a good employee? Absolutely! A well-run business cannot afford to make random job decisions or it will not be able to maintain the good-will of its employ ees, but it is not illegal to be stupid. A part of the “at-will” analysis is that employers can make “bad” decisions short of actionable harassment or discrimina tion. For instance, just like being fired, a random demotion is generally not some thing you can sue over. Even if your current supervisor constant ly reminds you that you could be fired on a moment’s notice, you probably cannot sue. The type of harassment you can sue over goes to the heart of our anti-discrimina tion laws, e.g., if she called you a “redneck” while doing so, you may have a case. If your employer has a sufficient number of employees, it cannot discriminate based on race, age, gender, disability, ethnicity, and religion. When it comes to race, we typically think of “minority” races or ethnicities suing over an adverse racially-motivated job action; but there is also something called “reverse discrimination,” where a Caucasian person complains that his/her race was used against them. Hence, you may have a cause of action if race was the reason you were demoted. If your employer posits a non-discriminatory EVANS From page .fA ■ Almost October. Almost time to get a flu shot. Thank goodness, there is supposed to be an abundance of flu vaccine this year. Last year some people who wanted the shots never were able to get them. I have been getting flu shots for something like 50 years. I believe in them, though some people claim they are ineffective. I missed Third Annual RUN FOR THE HEALTH OF IH Saturday, October 6th The Old Opera House, 100 Lumpkin St., Hawkinsville 5 K Road Race Sanctioned Run & See Grand Prix Series Race 8:30 a.m. S2O Entry fee, $25 if registering day of race, sls for Taylor Wellness Center members Run & Walk For Fun For all ages - one mile walk 9:15 a.m. sls Entry fee T-shirts Trophies Prizes Proceeds to benefit the Taylor Memorial Care Foundation. More information available at Taylor Wellness & Rehabilitation Center Phone 478-783-3474 Entry Form for Run/Walk Name Age Phone Address Birth Date ' Sex City State Zip T-Shirt Size„ I wish to enter the following events; □SK - S2O □ Taylor Wellness Center member - sls [U One Mile Run & Walk - sls Make tax deductible payment to Taylor Memorial Care Foundation Mail to: Taylor Wellness Center, PO Box 1297, Hawkinsville, GA 31036 In consideration of the acceptance of this entry form, I hereby waive any and all claims for myself and my heirs against officials, hosts, or sponsors of the Run For The Health Of It for injury or illness, which may directly or indirectly result from my participation. I further attest that I am in proper physical condition to participate in this event. Signature of Entrant or Parent if Entrant is Under Age 18 Date "Proof of discrimination is, however, verjn very fact specific, with tricky procedural hurdles." basis for this decision, you would have to prove this explanation was “pretextual.” Proof of discrimination is, however, very, very fact specific, with tricky pro cedural hurdles. You must file a claim with the Equal Employment Opportunity Commission within 180 days of an adverse job action (this could, by' the way, include your demotion). Then, if the EEOC sends you a “right to sue” letter (which happens in about 90 per cent of cases), you will typically have only 90 days to file a lawsuit. It is a fallacy that you cannot sue if you resign (as opposed to be firing) or even if you stay on the job. In fact, you can make your EEOC com plaint, even as you continue to work under your current supervisor - this may make for a pretty tense work environment, but this is one of your rights. Proof of discrimi nation can be direct, indirect, even inferred from a statistical analysis of similar treat ment of others in your “class” in other job decisions. Your question does not address some of these factors, although on the surface it appears that you may have a claim. Still, these cases are difficult to prove. The bottom line is that your right to your job depends on the strength of your rela tionship with your employer; you should not count on the law to rescue you from a bad situation; you might just need to look for employment elsewhere. Local attorney Jim Rockefeller owns the Rockefeller Law Center and is a for mer Houston County Chief Assistant District Attorney, and, a former Miami Prosecutor. E-mail confidential legal ques tions to ajr@rockefellerlawcenter.com. Visit www.rockefellerlawcenter.com for other Frequently Asked Questions and his blog, The Rockefeller Report my shot one year and I had years I received flu vaccine. I the flu. I haven’t had flu the like the percentages. COMPREHENSIVE HEARING HEALTHCARE m 1 Sheri Marshall M.S. Licensed Audiologist Hearing Associates, Inc. 302 Margie Drive, Warner Robins, GA i • / HIGHLY DEDICATED AND EXPERIENCED STAFF S DOCTORS REFER TO US OFTEN S COMBINED AUDIOLOGIST EXPERIENCE OF 50 YEARS OPINION \ nneHr (L Peppard Ali. D. Doctor of Vudiologi S FULL DIAGNOSTIC TESTING S HEARING AID MANAGEMENT “Better Hearing For Better Living" 478-953-2705 Mon. - Frl. 9-5 • Open 1 Sat per Mo. by Appt There’s a little boy in you! Maybe in you it’s a little girl. The point is, you may have grown up, and you may be intelligent and sophisti cated and highly respected. Still, that little 5-year old is alive and well and makes her or his presence known once in awhile, sometimes when you least expect it! Is that good? Is that bad? Let’s just say that sometimes that little kid gets in the way, and sometimes that youngster is the key to your success! Forty years ago, Thomas Harris published a book entitled I’m Okay, You’re Okay. Three years prior to that, his colleague Eric Berne had published a book entitled Games People Play. These two books birthed an approach in psychology known as “Transactional Analysis.” Their model iden tifies three different “ego states” in each of us. Any “transaction” between two people can be analyzed to determine which ego state is engaged in each person. The ego states are des ignated Child, Parent, and Adult. We all know what is characteristic of children. We’ve all been a child, and we’ve all been around them. Children are wonderfully curious, creative, impulsive, hopeful, energetic, and play ful. They often make choices based on the amount of fun they will likely enjoy! Children are emotional, and their emotions swing unpredictably. Sometimes they are filled with brava do - they are willing to try anything, even if it involves great risk! But sometimes children are filled with fear over the craziest things. (What were you afraid of as a kid?) Children can be unrealistic, idealistic, unreasonable, irre sponsible, dependent, and self- Cabbage & Collard Plants Cjonjcous Fall ‘Mums It' M'J ■ F.YfIKA’M H I r^MmSssm That’s my mortgage bank. o o fi <9, k B Finding the right mortgage banker is just as important '.p as finding the right home. At Fairfield Financial, get the convenience of using online services and the confidence of working with trusted local professionals. You can apply online, communicate by phone, and meet face to face with a knowledgeable loan officer. You will feel much more comfortable discussing your finances, your future, and your personal preferences with someone you can depend on. FAIRFIELD FINANCIAL A Subridiaiy of Security Bunk www.MyFairfieldMortgage.com We do the work. You take the credit. 153686 SATURDAY, SEPTEMBER 22, 2007 Dennis Hooper Leaders Building Leaders absorbed. You may think, “Oh, no! Not me!” Don’t fool yourself - that little kid is alive and well in you! We all display these qualities at times. The question shouldn’t be whether having childlike characteristics is good or bad. For most responsible indi viduals (especially leaders), the question is: “Am I effec tive?” That is, do you influ ence others to make choices that productively accomplish the desired outcomes of your organization? I teach this Parent/Adult/Child model to leadership teams. We seek ways to make the relationships between people in the work place healthier. As we explore habitual routines, many lead ers realize their controlling, judging Parent is often domi nant. They sometimes treat employees as if they are irre sponsible children. That’s a hard habit to break, but well worth the effort. This Parent/Child “dance” never occurs instantaneously. It develops after many inter actions where each party con forms to their scripted roles. The boss (Parent) demands harshly, and the employee (Child) retreats in fear and disappointment. The next time, the employee is less willing to risk and the boss is even more frustrated at the lack of responsibility. Typically, neither party can improve this interactive “dance” alone. An effective Assessing Your Leadership Skills SBS person- 153820, moderator can intervene appropriately, providing feed back and offering options to both individuals. A desirable outcome is to move toward col laboration between rational, analytical, problem-solving, problem-preventing Adults. Your irresponsible Child ego state is rarely a benefi cial contributor to the health of the workplace. Still, your little boy or girl brings value in terms of creativity, energy, and persistence! Celebrate that Child in you! Nurture your Child, and learn when and how to let him or her flourish appropriately! Your Child is the source of your dreams! The tenacity of your little one who’s willing to do whatever it takes to be successful can be a huge con tributor to the success of your workplace! Hooper is a certified leader ship development coach, help ing leaders appreciate their Child, reorient their Parent, and link their Adult with other Adults in their organizations. For more fun and greater effec tiveness, contact him at 478- 988-0237 or dhooper2@juno. com. WARNER ROBINS SUPPLY WE RENT 'ranchers - generators ail guns-compressors log splitters -tillers I * morel PERRY WARNER ROBINS 512 BAIL ST. 2758 WATSON BLVD. 887-2334 953-4199 F. Dennis Hooper Certified Leadership Development Coach Building leaders and organizations of excellence (478) 988-0237 Perry 1208 Washington Street (478) 722-7165 Warner Robins 1198 S Houston Lake Road (478) 953-7400 849 Warren Dr. (Hwy 96) (478) 722-7183 y All loam subject to credit approval 5A 51253 dhooper2@juno.com'