Ohio Best Employment Discrimination Lawyer Answer: Can I sue my employer for discrimination when he was deceived and fired me on false pretenses due to the racial motivations of another manager? What should I do if I was fired today because my racist coworker lied to my boss? How do I sue my company if I was wrongfully fired because of race and gender discrimination by my supervisor?
Our employment attorneys had an employee call us and tell us the following: “I complained to human resources about the conduct of a manager in another department for making racist comments directed at me. The other manager convinced my boss that I should be fired and provided him false information to support my termination. Do I have a claim of wrongful termination?”
Now, our employment law lawyers have addressed this scenario before and explained why it involves the “Cat’s Paw” theory. (See Top Employment Lawyer Reply: Do I Have A Claim If I Was Fired By HR And Not By My Racist Boss?). However, given this new question by a client, it gives us a good reason to revisit this issue.
Under this set of facts you have Manager A, who does not have any direct control over the employee making racist comments to the employee. Employee then complains to the Human Resources department. Upon finding out that employee has complained to HR about Manager A’s racist behavior he begins to convince Manager B that employee should be fired. Manager B, who has done nothing racially motivated, believes the information provided to him by Manager A which leads to the termination of employee.
Employees in Ohio are protected from unlawful discriminatory practices by R.C. § 4112.02(A) and Title VII of the Civil Rights Act of 1964. Both of which establish that it is unlawful for an employer to discharge an employee because of his or her race/color, religion, gender/sex, national origin, or otherwise to discriminate against a person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment due to one of these protected classes.
…we believe that the clear and unambiguous language of R.C. 4112.01(A)(1) and (A)(2), as well as the salutary antidiscrimination purposes of R.C. Chapter 4112, and this court’s pronouncements in cases involving workplace discrimination, all evidence that individual supervisors and managers are accountable for their own discriminatory conduct occurring in the workplace environment. Accordingly, we answer the certified question in the affirmative and hold that for purposes of R.C. Chapter 4112, a supervisor/manager may be held jointly and/or severally liable with her/his employer for discriminatory conduct of the supervisor/manager in violation of R.C. Chapter 4112.
That’s great, except you are actually paying attention and you realized that your supervisor hasn’t discriminated against you, which in theory could block you from a claim despite the blatantly racial intent of the person behind your termination. Your situation isn’t covered. Your direct employer hasn’t done anything racially motivated. He has however been manipulated into terminating you by another manager who has orchestrated your termination relating back to his racism. That manager does not have any direct control over your employment but is the puppet master controlling the strings that led to your termination. The law has not abandoned you.
In Staub v. Proctor Hosp., Vincent Staub’s immediate supervisors were hostile towards him for his involvement with the United States Army Reserve. While this is military status discrimination, it applies equally to claims based on race, religion, gender, and national origin discrimination. One of Staub’s co-workers manufactured evidence that was used by the vice president of human resources and resulted in Stuab being terminated. The United States Supreme Court determined that “if a supervisor performs an act motivated by [a discriminatory or retaliatory] animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable….” Based upon Staub, if your manager or supervisor is motivated by racial discrimination, even if that motivation is not his own, then you would still be entitled to damages under a claim of wrongful termination.
If you have been fired, discriminated against, demoted based on your military service, be it for the Army, Navy, Air Force, Marines or National Guard; or even think that you might need an employment lawyer, then it would be best to call the right attorney. If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at (216) 291-4744. The Spitz Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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