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Unequal workplace investigation leads to discrimination lawsuit

October 2020 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

When an employee complains about unfair or discriminatory treatment, you should promptly and thoroughly investigate the complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit results, the investigation can be an important part of the organization’s response and defense. There’s a flipside: A poorly conducted or skewed workplace investigation can backfire and further fuel claims of unfairness or discrimination. That’s what happened when a sheriff’s office recently investigated one of its officers.

Major McGuffey

Charmaine McGuffey worked in the Hamilton County, Ohio, Sheriff’s Office (HCSO) for 34 years. When Sheriff Jim Neil promoted McGuffey to major, she was the first woman to hold the rank in the HCSO. She received accolades from the private and public sector for her work in corrections. The sheriff’s performance evaluation of her was glowing—he described her as his “favorite major.”

Despite her own successes, McGuffey believed female officers weren’t treated with respect, nor were they promoted properly. When she reported to Sheriff Neil and Chief Deputy Schoonover that two subordinates acted disrespectfully toward her, she was told, “These guys just don’t like working for a woman,” and “You’ve got to get along with these guys.”

A male sergeant told McGuffey he should have her job—not McGuffey. The same sergeant accused her of interfering with Internal Affairs’ use-of-force investigations. Eventually, two junior officers told McGuffey “the men who work for you did not like your style of supervision.”

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