Reprinted from the October 15, 2005 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

What's In An Employee's Name?

Answer: The basis for a national origin discrimination claim. That was the case for one employee, whose manager thought a Westernized version of his name would create a better chance for career success. But for the employee, it meant a better chance for courtroom success.

FRANK WHO?
“Frank, when you have a moment, could you give me that distribution list I asked you for earlier?” manager Nelson Vandorff asked Yusef Al-Farrakher.

The employee did not respond.

“Frank?” Vandorff repeated.

“Oh, sorry, I thought you were talking to someone else,” Al-Farrakher responded.

“Who else would I be talking to?” the manager said.

“But my name isn’t Frank,” Al-Farrakher snapped. “I’d appreciate it if you would not call me Frank anymore. Other workers are beginning to call me that, too. It’s not my name!”

“But your name is difficult to pronounce,” Vandorff responded. “Besides, a Westernized version of your name would be better received by our clients, which would increase your chances for success.”

“My name should have nothing to do with that,” Al-Farrakher said. “Why not call me by my first name, Yusef? It’s easy enough to pronounce. It’s almost like Joseph, but the ‘j’ is a ‘y.’”

“Well, in that case, I’ll just call you Joe,” Vandorff proposed.

BLAME IT ON THE NAME
Al-Farrakher continued to object to his manager giving him a Western name. Over the course of a year, he made it clear to Vandorff that he was offended that the manager refused to call him by his given name. Fed up with this so-called “name-calling,” the employee sued his employer for national origin discrimination.

An appeals court upheld a jury’s finding that Vandorff created a hostile environment for Al-Farrakher, and also upheld the jury’s $60,000 award to the employee. Court: “A group’s ethnic characteristics encompass more than its members’ skin color and physical traits. Names are often a proxy for race and ethnicity.”

Changing Al-Farrakher’s Arabic name to a non-Arabic name constituted discrimination, even though no racial or ethnic epithets were used. Therefore, the conduct was not severe enough to create a hostile environment; however, since this practice continued for nearly a year despite Al-Farrakher’s objections, it was frequent enough to meet the pervasive standard for establishing a hostile environment claim.

THE GAME OF THE NAME
If an employee with a difficult-to-pronounce ethnic name works for you, take the time to learn how to pronounce it correctly. Ask the employee for his/her help. The employee may reveal that he/she goes by another name or a shortened version of his/her name that is easier to pronounce. Always keep in mind that whatever name the employee goes by must be left solely up to the employee — it is not up to you, your clients, or what you think your clients prefer.

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