Addressing Employee Lawsuits
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Sherwyn, David; Wagner, Paul E.
[Excerpt] For months you tried to save this employee. You gave him numerous second chances, you gave him a performance improvement plan, and you even put him on probation. Finally, after all the warnings, the low productivity, and the time and effort, you have no choice but to let the employee go. You agonized over the decision but knew it was right. Imagine your surprise when you received a letter in the mail today accusing you and your company of disability discrimination! You did not even know the employee was disabled. You are faced with the reality: All managers are, at one time or another, accused of discrimination. The purpose of this chapter is to help you respond to this complaint by: (1) defining the law; (2) explaining how discrimination claims are adjudicated; (3) discussing the Americans with Disabilities Act and sexual harassment; and (4) advising employers in the hospitality industry on how to avoid liability.
Cornell University School of Hotel Administration; hospitality management; labor relationship; lawsuits; discrimination law; employee; employer
Required Publisher Statement: © Wiley. Final version published as: Sherwyn, D., & Wagner, P. E. (2011). Addressing employee lawsuits. In M. C. Sturman, J. B. Corgel, & R. Verma (Eds.), The Cornell School of Hotel Administration on hospitality: Cutting edge thinking and practice (pp. 417-429). New York, NY: Wiley. Reprinted with permission. All rights reserved.