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Racial Word on restroom wall, companies liability in Ohio



idontwantspam@nevermind.com
8/29/2004 8:21:19 PM


Hi,
There is a company in Ohio that has the standard policies and rules
regarding harassment, etc.
Someone wrote "Niggers are good workers, everyone should own one" or
something to that effect on a bathroom wall.
An african american complained and it was erased. This is a rarity that
something like that is written on a wall. It could be someone in the
workplace or it could be a truck driver.
This african american worker threatened everyone on all three shifts
that he'd pay $1,000 to find out who is writing that stuff on the
bathroom walls and take them a mile down the road to deal with them
himself.
This worker, like a huge handfull of other workers on all three shifts
is beyond lazy. Black or white, there is a group of people that just
thinks the company owes them a living. NO ONE every has targeted him
specifically and I believe he is blowing this all out of proportion.
He jumped up and down and screamed about this causing quite a scene. He
later, without permission, walked off the job. That is a violation of
the plant rules. The following day he reported off "sick" and claimed
he didn't quit afterall when he left the plant without permission.
The company is afraid of a lawsuit because he's an african american.
Racial slurs are VERY uncommon and in the past 10 years I can only think
of it once or twice happening.
ONCE reported they are erased immediately or painted over. Immediately.
He filed a complaint with the Ohio Civil rights commission.
Most think he's trying to set up a lawsuit. He claims seeing that word
"Nigger" written down makes a hostile working enviroment.
Some people believe he's writing things on the restroom walls himself
and then coming out and screaming about what is written.
Barring this scenario, the company could fire him, along with a group of
other workers for insufficient productivity.
My question is. If something offensive is found on a bathroom wall and
the company immediately covers it up once it is known, and also requests
that the restrooms be monitored so that something is covered up BEFORE
people have a chance to see it, can they be sued? Would someone have
a claim when the company does everything in its power other than
installing camera's in each stall? NO, that's not going to happen !
This african american has a "History" of accusations and violence with
the company. He threatened one worker after he got off work and nothing
was done about it. He also threatened a supervisor and was removed to
another department. So, as you can see without going into detail on
those, there is a lunatic who is now screaming the race card as many
believe, a last option to try and not work yet sue for hostile working
enviroment.
He once told an associate that he could get out of any trouble by
screaming race and all he'd have to do is snap his fingers and he'd have
half a dozen organizations down to get his job back.
Many are curious on how to deal with such an employee.
Black, white, male , female , young or old... no one is discriminated
against at the company or I'd back them 100% if I heard it.
It's someone trying to play a huge game and screaming race that just has
me sick to the very core and wondered what others thoughts were.
I realize there are other companies out there where this and worse
happens, but when the charges are basically false, I was wondering how
companies or workers stepped up to defend themselves.
 
 
Free Code
8/30/2004 3:56:02 AM


On Sun, 29 Aug 2004 20:21:19 -0400, idontwantspam wrote:
Hi,
There is a company in Ohio that has the standard policies and rules
regarding harassment, etc.
Someone wrote "Niggers are good workers, everyone should own one" or
something to that effect on a bathroom wall.
An african american complained and it was erased. This is a rarity that
something like that is written on a wall. It could be someone in the
workplace or it could be a truck driver.
This african american worker threatened everyone on all three shifts
that he'd pay $1,000 to find out who is writing that stuff on the
bathroom walls and take them a mile down the road to deal with them
himself.
This worker, like a huge handfull of other workers on all three shifts
is beyond lazy. Black or white, there is a group of people that just
thinks the company owes them a living. NO ONE every has targeted him
specifically and I believe he is blowing this all out of proportion.
He jumped up and down and screamed about this causing quite a scene. He
later, without permission, walked off the job. That is a violation of
the plant rules. The following day he reported off "sick" and claimed
he didn't quit afterall when he left the plant without permission.
The company is afraid of a lawsuit because he's an african american.
Racial slurs are VERY uncommon and in the past 10 years I can only think
of it once or twice happening.
ONCE reported they are erased immediately or painted over. Immediately.
He filed a complaint with the Ohio Civil rights commission.
Most think he's trying to set up a lawsuit. He claims seeing that word
"Nigger" written down makes a hostile working enviroment.
Some people believe he's writing things on the restroom walls himself
and then coming out and screaming about what is written.
Barring this scenario, the company could fire him, along with a group of
other workers for insufficient productivity.
My question is. If something offensive is found on a bathroom wall and
the company immediately covers it up once it is known, and also requests
that the restrooms be monitored so that something is covered up BEFORE
people have a chance to see it, can they be sued? Would someone have
a claim when the company does everything in its power other than
installing camera's in each stall? NO, that's not going to happen !
This african american has a "History" of accusations and violence with
the company. He threatened one worker after he got off work and nothing
was done about it. He also threatened a supervisor and was removed to
another department. So, as you can see without going into detail on
those, there is a lunatic who is now screaming the race card as many
believe, a last option to try and not work yet sue for hostile working
enviroment.
He once told an associate that he could get out of any trouble by
screaming race and all he'd have to do is snap his fingers and he'd have
half a dozen organizations down to get his job back.
Many are curious on how to deal with such an employee.
Black, white, male , female , young or old... no one is discriminated
against at the company or I'd back them 100% if I heard it.
It's someone trying to play a huge game and screaming race that just has
me sick to the very core and wondered what others thoughts were.
I realize there are other companies out there where this and worse
happens, but when the charges are basically false, I was wondering how
companies or workers stepped up to defend themselves.
IANAL but,
There are rules in law that are there to protect everyone. The company
should not just "cover it up" - they should INVESTIGATE. The length of the
post and the words you have written indicate a dislike of the individual
who complained. To an outsider looking in, your complaint appears at first
glance fallacious.
The internet is the last place that you should be asking policy questions
of a sensitive nature.
Think of what you have implied by your choice of words: "Cover Up".
Fair advice, seek counsel. Train employees to be sensitive to diversity
issues. Counsel employees who have a complaint, offer them access to
therapy, or other means to deal with their perception.
If the person is as detrimental as you suggest, then you would be wise to
discuss this with your counsel.
freecode
 
 
"Falky foo"
8/30/2004 4:22:49 AM


the company faces lawsuit problems if the racist comments are:
1) left up on the wall for any length of time
2) repetitive
It's the duty of the company to get rid of the messages and do all in its
power to prevent them from reoccurring. Whether that means 'investigating'
as a previous poster said, or by installing a camera, or whatever, if it's a
repetitive problem the company does have to do something to curb it.
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.


<idontwantspam@nevermind.com> wrote in message
news:413272FE.29@nevermind.com...

Hi,
There is a company in Ohio that has the standard policies and rules
regarding harassment, etc.
Someone wrote "Niggers are good workers, everyone should own one" or
something to that effect on a bathroom wall.
An african american complained and it was erased. This is a rarity that
something like that is written on a wall. It could be someone in the
workplace or it could be a truck driver.
This african american worker threatened everyone on all three shifts
that he'd pay $1,000 to find out who is writing that stuff on the
bathroom walls and take them a mile down the road to deal with them
himself.
This worker, like a huge handfull of other workers on all three shifts
is beyond lazy. Black or white, there is a group of people that just
thinks the company owes them a living. NO ONE every has targeted him
specifically and I believe he is blowing this all out of proportion.
He jumped up and down and screamed about this causing quite a scene. He
later, without permission, walked off the job. That is a violation of
the plant rules. The following day he reported off "sick" and claimed
he didn't quit afterall when he left the plant without permission.
The company is afraid of a lawsuit because he's an african american.
Racial slurs are VERY uncommon and in the past 10 years I can only think
of it once or twice happening.
ONCE reported they are erased immediately or painted over. Immediately.
He filed a complaint with the Ohio Civil rights commission.
Most think he's trying to set up a lawsuit. He claims seeing that word
"Nigger" written down makes a hostile working enviroment.
Some people believe he's writing things on the restroom walls himself
and then coming out and screaming about what is written.
Barring this scenario, the company could fire him, along with a group of
other workers for insufficient productivity.
My question is. If something offensive is found on a bathroom wall and
the company immediately covers it up once it is known, and also requests
that the restrooms be monitored so that something is covered up BEFORE
people have a chance to see it, can they be sued? Would someone have
a claim when the company does everything in its power other than
installing camera's in each stall? NO, that's not going to happen !
This african american has a "History" of accusations and violence with
the company. He threatened one worker after he got off work and nothing
was done about it. He also threatened a supervisor and was removed to
another department. So, as you can see without going into detail on
those, there is a lunatic who is now screaming the race card as many
believe, a last option to try and not work yet sue for hostile working
enviroment.
He once told an associate that he could get out of any trouble by
screaming race and all he'd have to do is snap his fingers and he'd have
half a dozen organizations down to get his job back.
Many are curious on how to deal with such an employee.
Black, white, male , female , young or old... no one is discriminated
against at the company or I'd back them 100% if I heard it.
It's someone trying to play a huge game and screaming race that just has
me sick to the very core and wondered what others thoughts were.
I realize there are other companies out there where this and worse
happens, but when the charges are basically false, I was wondering how
companies or workers stepped up to defend themselves.
 
 
"Naughtius \"The Twinkies Made Me Do It\" Maximus"
8/31/2004 1:53:28 PM




<idontwantspam@nevermind.com> wrote in message
news:413272FE.29@nevermind.com...

Hi,
There is a company in Ohio that has the standard policies and rules
regarding harassment, etc.
Someone wrote "Niggers are good workers, everyone should own one" or
something to that effect on a bathroom wall.
An african american complained and it was erased. This is a rarity that
something like that is written on a wall. It could be someone in the
workplace or it could be a truck driver.
[Snip]
Racial slurs are VERY uncommon and in the past 10 years I can only think
of it once or twice happening.
ONCE reported they are erased immediately or painted over. Immediately.
[Snip]
My question is. If something offensive is found on a bathroom wall and
the company immediately covers it up once it is known, and also requests
that the restrooms be monitored so that something is covered up BEFORE
people have a chance to see it, can they be sued?
Well... ANYBODY can be Sued at ANY time for ANYTHING Irrespective of The
Merits of The Case...
That said... "The Merits" as Herein Described, would Very Likely result
in a Summary Judgment of DISMISSAL [As a Matter of Law] of such an Obviously
Threadbare Complaint... Particularly in light of the Company's
Anti-Discrimination Policies... its Quick Action to Remove & Abate the
"Hostile Work Place" Atmosphere... and its Showing of Attempts to Prevent
Future "Incidents" like that Complained Of...
Would someone have
a claim when the company does everything in its power other than
installing camera's in each stall? NO, that's not going to happen !
See "Prevent Future "Incidents" above...
This african american has a "History" of accusations and violence with
the company.
[Snip]
He once told an associate that he could get out of any trouble by
screaming race and all he'd have to do is snap his fingers and he'd have
half a dozen organizations down to get his job back.
I presume that there *has* been a Record of Such Incidents made &
maintained in this Employee's Permanent File? Of Complaints Speaking To This
Particular ONGOING Threat & Tactic made by Management/Employees to whom the
Threats Have Been Directed?
Many are curious on how to deal with such an employee.
"The Company" is going to have To Deal With this Pre-POSTAL Employee
sooner or later...
At this Point, it's My View that an EEOC or Like Lawsuit is _The_Least_
of "The Company's" Problems...
Perhaps, if Security Measures Sufficient To Prevent a Disgruntled
Employee 8 - Victim Co-Workers 1 Episode are not already In Place...
They SHOULD Soon Be?
Black, white, male , female , young or old... no one is discriminated
against at the company or I'd back them 100% if I heard it.
It's someone trying to play a huge game and screaming race that just has
me sick to the very core and wondered what others thoughts were.
I realize there are other companies out there where this and worse
happens, but when the charges are basically false, I was wondering how
companies or workers stepped up to defend themselves.
1. By Diligently Keeping ACCURATE, VERIFIABLE Incident Logs...
Naughtius "Gone POSTALin'..." Maximus
 
 
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