February 20, 2014. Employers are continually caught off guard when their e-mails come back to haunt them in Title VII claims from current or former employees. In the latest example, Shuzor v. Professional Transit Management, Ltd. an African-American woman sued her former employer after she was fired, alleging gender and racial discrimination. The Sixth Circuit reversed the lower court’s dismissal, holding that she had established a prima facie case to proceed to trial. Her male former supervisors in previous e-mails had called her a "helluva bitch," “prima donna,” referred to the former employee and another female employee as “the girls,” commented on her “antics,” “immaturity,” and likened her to a “punk.” These phrases, combined with the fact that she was replaced by a hispanic woman after she was terminated, gave the court sufficient reason to find sufficient evidence to allow her claims to be heard. In addition to ensuring your anti-discrimination policies are enforced, it is helpful to remember the adage: don’t put anything in an e-mail you wouldn't want your mother to read. Or, I would add, a judge and jury to hear in court!
To learn more about email language and information regarding employment law, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.