A 50-year-old African-American employee has been "carried" by management for years.His substandard performance has been largely ignored because of personal concerns for his family and his supervisor's inability to confront poor performance.Now after seven years,the employee is fired as part of a layoff and files an age- and race-based discrimination suit.The primary way this problem could have been avoided would have been for the company and supervisor to have:

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Documenting the employee's work history would have provided a clear record of the employee's substandard performance, which could have been addressed by management in a timely and appropriate manner. This documentation would have protected the company from potential discrimination claims and given the supervisor a clear basis for holding the employee accountable for his performance. Providing EEOC training and establishing a complaint resolution system are also important ways to prevent discrimination, but they would not directly address the issue of poor performance by a specific employee. Arguing for reverse discrimination is not a viable option as it is illegal and would not solve the underlying performance issue.

A 50-Year-Old African-American Employee Has Been "Carried" by Management for Years.His