Pride precipitates end of twenty years’ service
One day she was telling him that she was happy that she had decided to go to a manager’s dinner after all and he asked her if she had danced on the tables. She told him he was being inappropriate and walked away. Another time, they were discussing challenges in getting information out of a co-worker they needed for a project. Donald told her that she needed to go sit on the male co-worker’s lap and ask him nicely to provided what was needed. This comment was witnessed by another employee. On another occasion they were discussing gardening and Donald told his female boss that any reason for her to bend over and go down on her knees was good. She walked away. The last incident occurred when Donald started writing an email during a discussion with his boss. She noted that her email address at the top of the list. Donald said “Of course you are on top, you’re getting pumped from under the skirt so you cannot stand anymore”. While he did this he made thrusting gestures with his hips.
An investigation ensued and Donald was interviewed. He said he asked if everyone was dancing on tables, not just her. Donald claimed he told his boss to sit on the colleague until he produced the information she needed as metaphorical pressure and nothing to do with a lap. Donald claimed that all he said about kneeling was that she should buy knee pads for her gardening. Lastly, he said that she was going to have so much sunshine pumped up her skirt she would not be able to sit down. Coincidently, his rolling chair got stuck in a rut and he was moving back and forth to try to get it out of the rut. An examination of Donald’s office showed no ruts in his cubicle carpet. One of the incidents was witnessed and reported exactly as the boss had claimed. Donald appeared to be not only be a sexist pig but also to be a stranger to the truth.
The employer asked the boss how she would like the have the matter resolved. She said she wanted Donald to receive more than a slap on the wrist and for him to acknowledge his wrong doing. The employer told Donald that if he wanted to keep his job he would be required to take sensitivity training and provide a direct apology to the boss. Donald hired a lawyer to send a letter to the employer indicating that he would do the training but was not prepared to make any apology admitting any wrong doing on his part.
Donald’s termination letter indicated that he was being terminated for inappropriate and vexatious comments, failure to show remorse and willful insubordination in his failure to accept and comply with corrective action. The judge found that the employer should have entered into negotiations with Donald’s lawyer about the form of an apology to resolve the matter. At trial the employer said it would have accepted an apology for any misunderstanding in writing but they never told Donald or his lawyer that. Donald was awarded 20 months pay given his service and age. I suppose if Donald was planning to retire in the near future he got an early retirement package but only by the skin of his teeth. If he had been planning to work indefinitely, he got some money but lost a job. Donald’s pride trumped his common sense. He got away with it.
