There was no written documentation of formal counseling sessions. A jury would likely conclude that Joe had discriminated against Ann. Further, plenty of employees could testify about Joe's workplace behavior, which would be enough to convince a jury to award the plaintiff heavy punitive damages. Joe settled out of court for a large sum. These informal corrections must be backed up with documented performance reviews.
Lawsuits often arise when supervisors are unfamiliar with employment law.
The same applies to company policies, which often look good on paper but are forgotten by supervisors who are caught up in the demands of the workday. Supervisors need to stick to the company's guidelines whenever they hear of a possible discrimination problem. Sometimes this is a challenge. Even if the employee is just looking to let off steam, says James, you must take notes and follow company procedures. You can't say you're not going to do anything.