THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN TO

The employer who wanted to "bring color" into the workplace; brought lot$a green to the plaintiff instead

October 22, 2014




By Eric B. Meyer on October 22, 2014 7:00 AM | Permalink | Comments



I'm talking about a $620,000 jury verdict and nearly $165,000 in attorney's fees.

Let's discuss reverse-race discrimination after the jump...

Let's get one thing clear. Anyone can be a victim of discrimination. And when it comes to race, we're talking black, white, brown, whatever.

Case in point, in Boneberger v. St. Louis Metropolitan Police Department, Mr. Boneberger, who is white, claimed reverse-race discrimination because his employer failed to transfer him to the position of Assistant Director of the St. Louis Police Academy.

At trial, Boneberger testified that that Academy Director informed him that he shouldn't bother applying for the job because it was going to a black female. After Boneberger's employer selected a black female for the position, Boneberger's supervisor told him that the selection was to "bring color down to the Academy."

The jury also heard facts indicating that Boneberger had more relevant experience and seniority than the black female selected for the position.

Boom! The jury finds in favor of Boneberger and, in doing so, also awarded punitive damages.

Direct evidence of reverse-race discrimination against an "unusual employer."

In seeking a new trial, the employer argued that Mr. Boneberger was required to present something more than evidence that he was discriminated against because of his race; namely, "that background circumstances support the suspicion that the defendant is that unusual employer who discriminates against the majority."

Now, if I could paraphrase the Court's response to that argument, it would be something like, "Well, for f*ck's sake!" In reality, however, it went like this:

In this case, plaintiff presented direct evidence of discrimination, specifically, testimony indicating that the decision-makers had determined, in advance, that a white male would not be hired for the position. This evidence shows "a specific link between the alleged discriminatory animus and the challenged decision, sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated" the decision....In most cases, like in this one, the direct evidence is evidence that the defendant is just such an "unusual employer."


Employment decisions should be "protected-class" blind.

As we've discussed many times on this blog, most recently here, commenting about race, religion, age, color, national origin, etc., in the workplace is dumb. Instead, when it comes to hiring/promotion/firing decisions, employers who base them on -- oh, what's the word -- qualifications, generally fare best.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Let's talk about AGE DISCRIMINATION now.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Hard to imagine how each of the many workforce reductions over the past 5 years have not shown evidence of adverse impact against those over 40. One would assume sm adverse impact analysis was done and vetted through the J&J law department.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Yes, suddenly you are "ineffective" when that new manager, new RBD, whoever comes on board; they want their own people in. Hope access becomes impossible.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

It's only a matter of time until J&J gets slapped with similar lawsuits and pays significant amounts of money to those who have been blatantly discriminated against due to their unhealthy focus on diversity. People are starting to have the courage to speak up about the arm twisting of hiring managers to hire and promote less qualified diversity candidates to close the "diversity gaps".

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

A major law firm is already working feverishlly to prepare a class action lawsuit. Many individuals have already been contacted and have provided numerous examples and documented emails that will make outrage shareholders that the current leadership has put J&J in this situation.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

blah, blah, blah. When will this lawsuit actually happen? At multiple companies on multiple cp sites. Could this just be some disgruntled caucasian male who is unhappy that he was either overlooked, downsized, or fired for incompetence?

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Many times they don't happen because J&J settles as they don't care for anything that tarnishes the shine they want to project. I sit back and watch because it is so funny! They are so wrapped up in bringing diversity that competency takes a back seat and that's when the legal problems begin to mount. If the only color that mattered was green, there would be no problems. The best person for the job would be hired, but that is the old paradigm.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

It must be nice to make up your own world while living in your mother's basement.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Yawn. A little research shows that you're posting the same crap all over CP. Your constant whining about "why can't we just hire the best" rings hollow, when the reason FOR these diversity programs is that Pharma never hired the best. We usually just hired the people that reminded us of "Old", pre-1989 JnJ. You know, where "diversity" meant redheads, brunettes AND blondes in addition to the usual straight white men.

Stakeholders got sick of us losing multiple mega-million dollar suits. Thus, now we have these initiatives.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

The lawsuits are coming!! Yes they are...a "major firm" (who I can't name by the way 'cos I'm making this bullshit up) is gonna wipe JNJ's sorry ass off the face of the planet for hiring these...there... these women. And the CREDO is dead, yes that's a pile of poo too. But I'm still here pulling my salary and bonus, cruising like a lightweight, keeping time. Oh yes and I was put on pip when my new manager came in and realised what a fucking useless waste of skin and fresh air I was. This company is finished.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

LOL!!

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Wait til you see the results of the next wave of layoffs and look at who is impacted and who remains. The discrimination continues!

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Going back a few years before I left JNJ I was told by a director (my director) that the only people that would be promoted in the future are Asians and Indians ( from India) he went on to say they were the smartest of the smart. As an intelligent, accomplished white woman manager I was taken aback by this. He was absolutely serious and a huge DICK, pardon my language, but it is the only way to describe this piece of S***.

In hind sight I wish I had gone to HR with this, but my experience with HR has not been good so I left. I could not stomach working for this idiot.

He hasn't changed a bit from what I hear however he has tempered himself a bit.
How the hell does the company not see these people for what they are and how do they keep working there? Is there a nasty quota? If you can be ignorant and obnoxious does that help your tenure at JNJ?

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

The 20 year old urban legend has a new twist! Usually we hear that X manager or Y HR director told us that we were the most qualified candidate, but JNJ mandates that we need more {insert flavor of the month here: blacks, chicanos, or lesbians}, so we didn't get the job.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

I don't know about this instance but I have absolutely been told on almost every hire for the past 7 years that I had to have a diversity candidate.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

Unfortunate, but very true. The diversity initiative at J&J is flawed and clearly has resulted in discriminatory hiring and promotion pratices. It is no longer about hiring and promoting the best qualified candidates, internal or external, but rather about achieving the diversity goals and making the cover of Diversity Inc. Magazine. Bonuses for company Presidents at J&J are contingent on them closing the "diversity gaps" within their organization and this has motivated the wrong behaviors. If you aren't by definition "diverse" and work for J&J, your career progression will be stunted while you watch less qualified diversity candidates get hired and promoted and then you will have to work for or work side by side with less competent people.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

It is more than 20 years old .LOL If you believed these people the halls of J&J would be be overflowing with (insert your favorite flavor of the month) I have been in more succession planning meetings than I can remember. No one has ever said that we "had" to hire any group of people. If someone lost a job or a promotion to someone else, the first step might be to do some serious self evaluating.

 

Re: THE EMPLOYER WHO WANTED TO "BRING COLOR" INTO THE WORKPLACE; BROUGHT LOTS$A GREEN

riiiight. Unless you (like most of pharma) include white females as "diverse candidates", the pitifully low numbers of "diverse" upper level managers in sales or marketing here prove you a liar. We've been successfully sued more times since I've been here (1990) than I can count. We RARELY hired and promoted the most qualified candidates. Instead, we've usually promoted sycophants, undercover lovers, ass-kissers, and boot lickers.

So, my friend, we've been working alongside and for incompetent boobs all along.

"Best and most qualified candidates…." What a crock!