Correcting it quickly can keep the company off the hook. Here’s what happened in one recent court case:

After a truck driver was involved in an on-the-job accident, her manager made the decision to demote her. However, the company’s policy did not call for a demotion after the first such offense.

When upper management learned about the mistake, the employee was put back in her old position and given back pay to cover the amount she lost while working in the lower position.

But before the reversal went into effect (21 days after the demotion), she filed a complaint with the EEOC — claiming she was demoted because of her race — and took the company to court.

Was corrective action enough?

The woman claimed the demotion — even if it was temporary — was an “adverse action” and caused her to suffer depression and anxiety.

The court didn’t buy it. She got her job back, along with back pay. By timely correcting the mistake, the company was able to avoid a discrimination charge.

Note: The key word is “timely.” If the woman was kept in the lower-level job for an extended period of time, that might’ve been enough to constitute an adverse action.

Cite: Jackson v. UPS, Inc.

A male employee claimed he was sexually harassed by his male supervisor. After he made several complaints, the alleged harasser was demoted and moved to a different department. The employee sued anyway — and won.

The company argued it handled the situation appropriately by moving the manager to a different job. But the judge said it didn’t act quickly enough. The employee said he brought his complaint to five different supervisors, but no one did anything until he talked to a union representative.

Respond to complaints

Now the company will have to fork over a hefty settlement or defend itself in a costly trial.

What’s the lesson? Take all complaints seriously, even if they don’t fit the profile of a typical harassment claim.

A growing number of same-sex harassment claims are finding their way to court. Since it’s less common than other forms of harassment, it can be easy for supervisors to dismiss the complaints. But as this case shows, that’ll only lead to trouble.

Cite: Mariegard v. Wynne