TWO DISCRIMINATION COMPLAINTS WHERE TRUTH IS STRANGER THAN FICTION

Oftentimes, when I give speeches, I tell the audience that I cannot make up stories that are stranger than what happens in real life.  Over the past several days, I came across two cases where the truth may be stranger than fiction.

In New York, Business Insider reports that Debrahlee Lorenzana filed a lawsuit against Citibank because "she is too hot".  Courtney Comstock, who wrote the article for Business Insider, reports that Ms. Lorenzana is 5'6", 125  pounds, and curvy.  Allegedly, she was told by her bosses that "as a result of the shape of her figure, such clothes were purportedly 'too distracting' for her male colleagues and supervisors to bear...". The Village Voice described her as "J.Lo curves meets Jessica Simpson rack meets Audrey Hepburn elegance-a head-turning beauty".  She complained to HR via phone and emails on a regular basis, and an HR investigation took place.  She alleges that after the investigation, things got worse. Allegedly, her clients were transferred to co-workers, and her performance deteriorated.  She received a letter putting her on probation for allegedly coming in late to work on 2 consecutive days: which apparently were a Saturday and Sunday, when the office was closed.  She was ultimately transferred to another branch, worked as a telemarketer, and was ultimately fired by a female manager, being told that the reasons for termination were her clothes at the previous branch and that she was not fit for the culture of Citibank.  The case will go to arbitration since she signed an arbitration provision when she was hired.

Practice pointer.  I suggest that you read the articles in Business Insider and The Village Voice for more details about the allegations.  Needless to say, they sound like a textbook case of sexual harassment and retaliation.  The comments, the delayed investigation by HR, emails sent to vice presidents that were ignored, the transfer, demotion and the ultimate determination to terminate her all raise questions, if the allegations are true.  Training all employees, including supervisors, as to company policies and procedures is very important, from dress code, to attendance, to anti-harassment/anti-retaliation.  Complaints of harassment must be taken seriously.

 In Georgia, the Atlanta Journal Constitution reported that  the ex-football coach at Savannah State University has filed suit alleging discrimination.  Robert Wells, the first white football coach in the 98 year old history of the  historically black university, alleges that he was fired one month after he accepted a one year contract extension because his fiance is black.  The suit also alleges that the school hurt his reputation saying he violated recruiting rules while recruiting 5 white football players.  In the lawsuit, Wells alleges that he was told that he "would never have the support of the citizens of Savannah because he is white and his fiancee is black" and that he was criticized by university officials for letting his fiancee host a "coach's show" on television, ride on a parade float with him and accompany him to away games.  ESPN's Outside the Lines did a story on the situation and there are many interesting statements made by both sides of this suit. 

Practice Pointer.  Whether the allegations made by Coach Wells are true or not, I want to emphasize that racial discrimination is racial discrimination: whether it is white discriminating against black, or vice versa.  Racial discrimination is illegal, and should not be tolerated in any workplace.

 

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