Suspended for creating hostile work environment

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jc22

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My mother-in-law was just suspended for three days for racial harrassment and creating a hostile work environment. She has worked for the company for over thirty years with a clean record. According to her, the complaintant stated that in a conversation she said "people from mexico who work in the US should learn to speak English...." her employer also told her that after interviewing all of her coworkers, everyone said she created a hostile work environment because when she gets upset she stays to herself.

She does not remember making the comment.....

This is her version, and I certainly don't condone what she said. I do know that she works for a small company that could hire a much younger person to do the job for half the money. She is not being counselled, she was sent home on a three day suspension.

Given the above, is the hostile work environment a viable complaint? Could she consider age discrimination given it has been made subtlely clear to her that they could find someone younger to do her job for much less?


Looking forward to your input
 
Her employer is free to suspend or terminate her at anytime for any reason long as it violates no law cba or employment contract. she needs to suck it up and learn to keep her opinions ot herself
 
If she made the comment ONCE, it is probably not technically an HWE; however, if the employer finds it inappropriate they may legally fire her whether it meets the legal definition or not.

If she made the comment, or similar comments, many times then yes, she probably DID create an HWE.

In any case, there is nothing in your post to suggest that she was termed because of her age. Is there something you're not telling us?
 
Do not know if she made comments more than once, but I know she was not happy at her job.

My understanding it was a group of women having lunch in the break room and the comment was made and overheard by someone and they were offended. Thats all I have on it.

Not termed, suspended. She has just reported to me that there have been times that her boss, who used to be a coworker, tells her she cant give her raises any more because she is maxed out and they pay her too much already.
 
Raises are not required by law. If she's at the top of her range, it's not even remotely unusual for any raises to be suspended. That can happen to an employee at any age.

Bottom line, you've given a lot of reasons why she might be unhappy at her job but you've given us nothing that is inherently illegal and you still haven't tied it to her age in any way.
 
I agree that it has nothing to do with age, and truly she does have many reasons to be unhappy at her job - I so appreciate your input - I was thinking it was a dead end.
 
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