Posted on 07/26/2005 5:57:42 AM PDT by MikeJ75
"A good name," wrote Cervantes, "is better than riches."
Mamdouh El-Hakem would agree. After spending years fighting a former employer who thought his name wasn't good enough, El-Hakem was vindicated by the 9th U.S. Circuit Court of Appeals last week with a modest amount of money -- and an opinion that reaffirms the value of his name.
In a ruling that bolsters plaintiff arguments that discrimination can take many forms, the 9th Circuit said that Gregg Young, the CEO of BJY Inc. should not have insisted on calling El-Hakem "Manny." Or, for that matter, "Hank."
"Young intended to discriminate against El-Hakem's Arabic name in favor of a non-Arabic name," Judge Johnnie Rawlinson wrote for a three-judge panel, "first by altering Mamdouh to 'Manny' and then by changing Hakem to 'Hank.'"
The ruling is the latest to reinforce the view that a wide range of behavior can create a hostile work environment, along with liability for employers who allow harassment.
"It's a broadening of the application of pre-existing law," said Barbara Lawless, a partner with the plaintiff firm Lawless & Lawless. "Definitely, there's a trend of applying the law more liberally."
The trend, she said, was also clear in last week's California Supreme Court decision that sexual favoritism was a form of workplace discrimination. That ruling came in a case that Lawless brought in the trial court.
Employment defense lawyers agreed with Lawless -- and with the court -- that imposing a name change amounted to discrimination, even if racial or ethnic epithets were never used.
"It's a message to employers that these kinds of actions, which may seem insignificant or trivial to some people, will lead to liability," said Richard Curiale, a partner at Curiale Dellaverson Hirschfeld & Kraemer who represents employers.
He said the most surprising part of the case is that it went as far as the 9th Circuit. "I would have said, 'Let's settle the case, or we'll lose,'" he said, adding that in training courses his firm tells managers to avoid behavior that treats employees differently.
Jeffrey Wohl, a partner with Paul, Hastings, Janofsky & Walker who defends employers, also agreed with the court. He said that employers should understand that differential treatment for any reason can open a company up to litigation.
"Discrimination means treating people differently and adversely because of a particular characteristic," he said. But this broad definition, he added, isn't always clear to employers.
The ultimate lesson employers should learn from the opinion, Wohl added, is that in certain situations, even the names "Manny" and "Hank" -- hardly racial epithets on their own -- can be as damaging as "the n-word."
"I think it's yet another example that context is everything," he said.
"Discrimination means treating people differently and adversely because of a particular characteristic," he said. But this broad definition, he added, isn't always clear to employers"
The better to sue you with, my dear.
"differently AND adversely" is way different from "differently OR adversely."
My old friend 'Scotty' Shiosake will be spinning in his grave.
There are a lot worse things than "Manny" that he could have called this guy.
Are you making this up?
I hated that.
Tom or even Thomas is fine. Use my last name, or "hey, you", but don't call me Tommy. I must have told him a thousand times I hated to be called "Tommy".
Never occurred to me to sue him, though.
Giving nicknames is discrimination? When will the ACLU sue the Bush administration.
Not to nit-pic, but Cervantes' years were between 1547-1616.
His quote came a few thousand years AFTER Solomon said the same thing.
Proverbs 22:1 A good name is more desirable than great riches
My friend Sudesh insisted we call him Sam out of mercy for our tongues that constantly butchered his given name. I guess some folks just have a chip on thier shoulder when kindness and grace would suffice.
Granted, the word "nigger" is offensive when used against someone, but when did it become offensive to use the word nigger in a sentence?
When did it rise to the level of the "F" word?
When the politicians crawling for votes got involved.
Some of us intolerant crypto-fascists would prolly have named him "Yo, you're fired" long before he spun the lawsuit roulette wheel.
He wanted to be T-Bone.
Employer's should play it safe and call people by their employee number. "Hey, a, 6274-1, would you please move that pallet over to the loading dock?"
Good grief, seems like people look for reasons to be offended.
LOL I thought he was P.O.'ed because they wouldn't call him 'Scooter'.
Lighten up, Tommy.
I hate that, I HATE that.
It's so goddam CONDESCENDING.
This IS a 9th Circuit opinion.
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