A Serious Error in Judgment

I recently had a conversation with a person working for a very large retailer. I knew Tom had been out on Worker's Compensation and was now back to work, although his doctor told him that it would be a year or so before he had full use of the affected limb. I also knew his company had a light duty status for employees who are unable to do heavy physical work, so I asked Tom if he was in that status.

His response: "Yes, but they are constantly asking me to be a loader (placing heavy objects into customers cars or trucks)."

"But that's not light-duty," I said.

"No it's not," said Tom, "But that doesn't stop them from asking. And when I refuse, I often get asked 'why not?' Then I have to remind them that I'm on light-duty (which every manager is well aware of). Other times I get the nonverbal disapproval (the sigh, the look, and sometimes the scowl). I don't understand what their problem is. Before I was injured I always helped out in any way I possibly could. Now they make me feel guilty and act like I'm not doing my job even though my injury was job-related."

"Why don't they just get someone else to do the loading job," I asked.

"Because we are often short of help and they don't like to keep the customers waiting," Tom responded.

"Well, then it seems to me that the manager should pitch in to help out," was my thought.

"Are you kidding?" said Tom. "Managers in our company would never do that no matter how long a customer had to wait for a loader. Besides," Tom went on, "the manager is a woman and our managers don't believe that any of the women should do that job."

Tom's situation creates several significant and substantial issues for his management team.

1. If Tom agrees to help out with the loading and sustains further injury, any good personal injury lawyer would love to talk with Tom. Even if Tom agreed to do the loading, any lawyer would argue coercion. A lawyer would also argue that the manager had no business asking Tom to do that job in the first place.

2. It's almost certain that restricting the loader job to men only would fail the BFOQ test (bona fide occupational qualification) that would allow the company that restriction without being subjected to a potential claim of discrimination.

3. Every manager should know that every task done in our department is important. Every manager should also know that any business organization exists to serve the customer. A manager who fails to pitch in and help do a task to serve a customer sends a poor message to everyone who works in their department.

Copyright © 2009 Daniel W. Pelley
All rights reserved.