Managing different employees: perplexing protected class rules.

AuthorBirdsall, Richard
PositionHR Matters

Catch 22. A conundrum like the closed loop in a computer glitch leaving us watching that little time clock spinning around waiting for nothing to happen. Not an enjoyable place to be.

Like the computer "glitch," managers can be presented with apparent conflicts that can be difficult to reconcile. In the United States, we celebrate our human differences. We are a melting pot and, for the most part, respect one another and what makes us different. As the French would say: "Vive la difference." Effective managers recognize this fact. Management training emphasizes different approaches for differing employee personalities. The ultimate goal is to run the operation efficiently and smoothly. However, the law suggests that, although we are all different, we should all be treated the same.

COMPLICATED SUPERVISION

Take for example employee "A." Employee "A" is a high producer who is hard working and self-motivated with little job guidance needed. However, employee "A" cuts the occasional corner and makes an occasional error. Employee "B" is more methodical, produces less, but makes fewer errors. Employee "B" needs more guidance, instruction and monitoring to make sure assignments get done in a timely manner. Do you supervise employees "A" and "B" the same way? Of course not. But, in accordance with Murphy's Law, the situation becomes more complicated.

What if either employee "A" or employee "B" is a member of a protected class? This is a special legal standing based on race, age, sex and other identified bases. Federal, state and local law, while promoting diversity, also forbids discrimination for protected individuals. On its face it would seem that in one breath we acknowledge and appreciate the differences that make us human and in the other breath we are asked to treat all people, even though different, the same. How do you reconcile these differing dynamics?

KEEP YOUR MOTIVES LEGAL

Let's view the dynamics in a legal setting. One method used to support an allegation of discrimination is to show disparate treatment. In other words, circumstantial evidence...

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