HWE or Supervisor Responsibility

I posted this over at LLT too

I want your opinions on something. Let's say that a supervisor receives sensetivity training. During the course of that training, the COMPANY ATTORNEY advises that all supervisors/managers have a DUTY to monitor their workplace for signs of harassment/discrimination, things or interactions that COULD BE perceived as harassment/discrimination or could lead to such, and have a duty to make harassment STOP if they see it. The company also requires the manager to sign a lengthy confirmation of training.

Fast forward. A manager SEES something in the work environment that could lead to employee to being harassed/discriminated against, and informs the employee that this could lead the employee to such. The employee then complains to senior management that they felt uncomfortable with the manager mentioning this, but remedies the issue that the manager brings to light.

The employee did not alledge that the manner in which the manager had the discussion made them uncomfortable, it was ONLY the fact that the manager called this to their attention made them uncomfortable. Now the employee is alledging a hostile work environment.

The manager gets disciplined. So tell me, is this an HWE or does it appear that the company is retaliating against the manager for following the law/company policy/instruction in training?

I can see it going both ways.

like the supervisor acted in a prudent way in compliance with managements directives, and as such should not be subject to discipline of any sort.

Whether or not the supervisor can do anything about being disciplined depends on the severity of the discipline. The employer created a quasi contractual relationship by conducting the training and having the supervisors sign a document that they attended said training. Whether or not their was consideration in reliance on a contractual promise exchanged is a moot point, as most courts consider continued employment consideration on a contractual promise

The issue would, as far as a court would be concerned, be if there was an injury in fact that a court could remedy. If the supervisor suffered no injury in fact than a court could not grant any relief so the motion would be dismissed on summary judgment.

Just some rambling thoughts jotted down during a ridiculously boring property class.

Eric

I agree with Sposito the lawyers created a binding contract enforceable.
JoeC