The one who's rude. Abrasive. Intimidating. The one who turns every interaction into a stress test.
But being a jerk is not, by itself, illegal.
That's the key lesson from the 3rd Circuit's recent decision in Gabriel v. DSM Biomedical: "Title VII bans discrimination and retaliation, not stressful offices or difficult bosses."
Gabriel, a Black factory manager, claimed DSM's white Head of Safety targeted him because of his race. The executive was, by all accounts, difficult. An internal investigation found him rude and intimidating.
Still, Gabriel lost, because Title VII requires more than proof that your boss is awful. He couldn't show that his race motivated his mistreatment. As the court put it, the Head of Safety was "known as rude and abrasive in general, not just to black workers." An equal-opportunity jerk, in other words.
Gabriel's retaliation claim failed, too. Ten days after he had filed an EEOC charge, DSM suspended him. The timing was suspicious, by the motive was not. During those 10 days, Gabriel sent company leaders a link to a song called "Rat in mi Kitchen" and then a video declaring "war" against people who had been "scheming." Management perceived the messages as threats. That gave DSM a legitimate reason to act.
This case offers businesses two important lessons.
1. Bad management might be awful management, but it isn't necessarily unlawful management. Bullying and abrasive behavior can destroy morale, drive away talent, and create legal risk. Address it. Just don't confuse it with discrimination unless the evidence connects the behavior to a protected characteristic.
2. Protected activity isn't a force field. An employee who files an EEOC charge still has to follow workplace rules. If misconduct follows the complaint, employers can act — provided they can prove they acted because of the misconduct, not because of the complaint.
Sometimes a bad boss is discriminatory.
Sometimes a bad boss is retaliatory.
And sometimes a bad boss is just a bad boss.
Title VII only covers the first two. As an employer, however, you should address all three.
And sometimes a bad boss is just a bad boss.
Title VII only covers the first two. As an employer, however, you should address all three.