One of the problems with e-mail: A message easily can be misinterpreted and taken out of context. And when it happens to a manager, the repercussions can be serious.
In one recent case, a manager’s comments about a prospective employee got his employer wrapped up in a costly court battle. Here’s what happened:
A pregnant woman was turned down for a job as a casting assistant for a movie production company.
She sued, claiming she was rejected because of her pregnancy. The employer claimed she just wasn’t the most qualified candidate.
Who won the case?
The employer’s defense was sunk by one key piece of evidence: an e-mail from the hiring manager to another employee. In the message, he expressed concern that the applicant would not be able to handle the stress and long hours of the job because she was expecting.
Regardless of the qualifications of the person who was hired, the manager’s e-mail made it tough to ignore his assumptions about the pregnant candidate, and the employer couldn’t prove his decision was unbiased.
The company ended up paying the woman a $75,000 settlement.
Can’t be erased
All managers need to understand the dangers of discussing employment decisions over e-mail, especially those centering on a sensitive topic like in the case above.
E-mails are permanent records. Any relevant messages will always be brought into court in the event an employee or job applicant sues — and they’re often read out of context or interpreted in ways that hurt the employer’s case.
The solution: Train managers to watch what they write and know which conversations to hold in person.
Cite: EEOC v. Crick Pictures, et al.