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9th Circuit Court Rules Employers Can Be Sued for Harassment by Customers
California Alert (Law Firm Newsletter) ^ | Aug/Sept 2005 | Ogletree & Deakins

Posted on 08/13/2005 8:10:51 PM PDT by Vigilanteman

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To: Vigilanteman
However, in reading the case, these issues were appentages and the playing of the race card was central.

That's because these people were a bunch of bigots. Threating her with lynching, vandalizing her car, obsessed with her being a foreigner and having an accent and whatnot. Apparently this is some small hick town where everybody knows each other. Real a*holes.

21 posted on 08/14/2005 6:45:48 AM PDT by Sandy
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To: hoosierboy
Unless higher levels of management have authorized the postmaster to spend the workhours, he or she has NO authority to employ people beyond that amount of time.

Your complaint is not with the postmaster ~ it's with people like Mr. Williams in the referenced article.

You take that question up with the guy with that same job in your area and watch him shuck, jive, dance and end up blaming it on the ineptness of the local postmaster (ploy #1). Challenge him to prove it, and he might well start blaming his boss (ploy #2). Pursue the matter, and you will find there are yet other ploys, all of them understandable only to postal management.

22 posted on 08/14/2005 7:22:50 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: Vigilanteman
The problem with getting an EEOC hearing, followed by a discrimination case i federal court, is you have to hang your case's hat on one of the justifications for doing so in the law.

No doubt you find the racial/ethnic aspect to be weak.

23 posted on 08/14/2005 7:26:41 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: John Jorsett
USPS is rarely in the right in these cases which began as a "customer vs. postmaster" dispute.

The reason is the higher level manager just wants the dispute to "go away" and may well wrongly harm the postmaster.

Sometimes the postmaster gets lucky and manages to find an "expert" in Headquarters or an appropriate HFU to intervene ~ other times the postmaster has to go outside to a lawyer.

24 posted on 08/14/2005 7:32:58 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: Vigilanteman

LOL!!!
If said postmaster was a white male, he would have been fired the first time around.


25 posted on 08/14/2005 7:40:27 AM PDT by mabelkitty (Lurk forever, but once you post, your newbness shines like a new pair of shoes.)
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To: corkoman

another 9th circus ruling that will be overturned


26 posted on 08/14/2005 7:41:22 AM PDT by atlanta67
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To: Sandy
Sandy, I think it was the part where they had a town meeting that I figured out that the Postal Inspection Service should still be brought into this case to investigate the managers in the USPS hierarchy who neglected to bring in an Inspector!

The lady was complaining about these people threatening to kill her in a public lynching, and then actually having a meeting.

Holy smoke!

27 posted on 08/14/2005 7:46:41 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: muawiyah
You are being very kind by calling them ploys rather than lies.

Various lying techniques are basic USPS management skills taught in the
introductory level classes at the Postal Management Academy.

28 posted on 08/14/2005 7:47:59 AM PDT by ASA Vet (Line the border with trebuchets. Provide the invaders free flights home.)
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To: mabelkitty
BTW, if the postmaster in a similar case had been a white male he would have been treated exactly the same by the higher level of management involved.

That's because the problem is at that level, and not at the postmaster's level.

The towns people who are not paying post office box rent, and the druggies who use phoney addresses, would still be there, and most likely would have stirred up the townsfolk to lynch any postmaster of any color who attempted to enforce the law.

I'd brought in a team of armed Postal Inspectors long before this.

29 posted on 08/14/2005 7:49:33 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: ASA Vet

Well, yes, of course they are lies, but they are lies with an expected probability of working ~ on the other hand, there are situations where the public actually can't understand the truth.


30 posted on 08/14/2005 7:51:29 AM PDT by muawiyah (/ hey coach do I gotta' put in that "/sarcasm " thing again?)
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To: ncountylee

I have mixed feelings about this ruling.
As a govt. employee who has on occasion been subjected to threats and abuse, and who has a supervisor that in the past, failed to even acknowledge that the situation happened much less offer support to his employee, This is a good ruling for our protection.

I can also see that it could be used by workers who were irresponsible and abusive to the customer against his employer.
There is nothing that upper management hates more, than to get involved and actually solve a situation. They normally ignore it or take the path of least resistant which is to remove the employee regardless of fault.


31 posted on 08/14/2005 8:01:00 AM PDT by ODDITHER
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To: Sandy

Thanks for the link, very informative.


32 posted on 08/14/2005 9:00:39 AM PDT by Jonx6
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To: Vigilanteman

I sent a friend of mine a Christmas card the week before Christmas. I didn't have her house number, but since this is a small town and there are only 3 houses on her street, I never thought I'd get the card returned to me in the middle of January. When I asked at the P.O. about the lack of delivery, the clerk told me that it was because there was no house number in her address. The fact that there are only 3 houses on the street and surely the mail carrier knew the occupants of those houses had no traction w/the P.O.


33 posted on 08/14/2005 9:07:19 AM PDT by Carolinamom (Life is a journey, not a destination.)
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To: Sandy

Thanks for the link. I'd have to agree that the 9th Circuit probably got this one right based on the facts presented. As the saying goes, even a broken clock is right twice a day.


34 posted on 08/14/2005 2:28:09 PM PDT by Vigilanteman (crime would drop like a sprung trapdoor if we brought back good old-fashioned hangings)
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To: Vigilanteman
Re: 4,

I believe your analysis is correct, the problem being the 9th circus.

35 posted on 08/14/2005 2:32:32 PM PDT by Navy Patriot
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