By Wendy J. Baker - Oregon Employment Attorney
People often ask me what I like best about practicing employment law. The answer is easy: Endless opportunities to marvel at human nature and observe the unbelievable interactions between employees and employers.
Every so often, I feel the need to compile a list of the most outrageous and egregious comments that get employers into trouble. Here is this year's list, compiled from real cases, and not necessarily in order of importance:
- "Why didn't you warn us you were planning to get pregnant?" This comment was made by a police chief to a female patrol officer who requested light duty to avoid possible assault or exposure to methamphetamine-contaminated houses while on duty.
- "If we give you light duty this time, you'll just turn around and get pregnant again." Same officer, different supervisor. Does this suggest pregnancy and gender discrimination?
- "You're bringing bad energy to the office, and I think you have entities attached to you." A company owner said this to her office manager. The employee took this to mean she was about to be subjected to an exorcism and filed a lawsuit for religious discrimination.
- "Your performance is lackluster, and you don't seem to have much energy." This comment from a supervisor to an employee got the employer entangled in an age-discrimination lawsuit.
- "I probably should check your references, but it will take too long and I need you right away." If this employer had checked the "previous employers" named by the job applicant, he would have discovered that those companies did not exist. This would have lead to the valuable knowledge that the job applicant had not worked for four years because he'd been in prison for trying to kill his drug dealer.
- "I'm not taking out workers' compensation insurance on you because you'll only be working for a week or two." Guess who got injured on the second day of the job and has tallied up about $20,000 in medical bills and costs for which the employer is liable? Be aware that an employer who does not comply with workers' compensation laws can be obligated to pay medical expenses for the injured employee's lifetime.
- "It's OK for you to have a relationship with your secretary as long as you plan to get married." What happens if the "plan" falls through and the secretary decides she was coerced into the relationship? Believe it or not, even long-term romances can turn into sexual harassment claims.
- To an insulin-dependent diabetic: "You need a break to test your blood sugar? Why don't you go eat a candy bar?" What comes to mind here is a failure-to-accommodate case under the Americans with Disabilities Act.
- "You're talking like a guy who just got off the reservation." The employee decided to laugh at this comment. But if he involuntarily loses his job in the near future, you can bet the remark will come back to haunt the supervisor who said it.
- "I wouldn't have hit you if you hadn't made me so mad." It probably goes without saying that it is never appropriate to physically attack an employee.
- "I hired you because you are nice to look at." Even assuming someone's beauty is the best thing they have going for them, don't say this to someone with even moderate intelligence. They will remember the comment under unfavorable circumstances for the employer.
- In a nod to decorum, Number 12 shall be left blank in honor of the comments that were too crude and offensive to print here.
I will leave you with a word to the wise: Don't ever say anything to an employee that you would not want your mother to hear or that you would not want to see on a big screen in a courtroom.
