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Dad takes time off to stay home with a sick kid. Can the boss legally fire him?
Maybe.
A woman seven months pregnant asks the boss for light duty. Instead, he assigns her to lift 70-pound boxes onto a truck. Can a mean boss get away with that?
Maybe.
The boss notes that a new mother on his staff is very devoted to her baby. So, the boss mentally puts her on the “mommy track,” demanding less of her but also crossing her off the list for promotion. Is that legal?
These kinds of questions are increasingly being answered in courtrooms. “Family responsibility discrimination” cases have more than tripled over the last decade, according to the Center for WorkLife Law at the University of California Hastings School of Law.
“It’s the fastest-growing area of employment law,” said Joan Williams, the center’s director and a law professor.
The cases involve what happens when a person’s family life — pregnancy, illness and the need to care for others — conflicts with work.
There is good news for workers: They win 67 percent of cases that go to trial, according to the Center for WorkLife Law examination of 4,400 cases. Verdicts and settlements average $477,000.
"The boss notes that a new mother on his staff is very devoted to her baby. So, the boss mentally puts her on the “mommy track,” demanding less of her but also crossing her off the list for promotion. Is that legal?"
Sounds fair to me. Promotions are for people who've worked for it. Having coworkers pick up your slack doesn't warrant a reward.
You can be fired for anything. I was fired once from a church day care because the parents didn't like that I had a bi-racial daughter. They even tried withholding my final paycheck and I had to fight for it. People gave me attitude for trying to take legal action against a church. I was like I want my money. Didn't win me any brownie points. I was ticked. I was told I couldn't do anything about the reason I was fired because I wasn't the one who was bi-racial. I was like fine, but I still want my money.
I hope we see more of this in the future, and I think we will as Gen X and Millennial parents exact more demands on employers for work-life balance, and as Boomers who need/want to stay in the workplace face the realities of caring for their elderly (80s+) parents. Additionally, employees with illnesses or chronic conditions, too, may benefit from the attention being given to this area.
How on earth does being devoted to your baby mean you're slacking off.
When the boss demands less of you, where does the excess demand go? Well...it goes to your coworkers. Not saying being devoted to your baby is bad, but this is the workplace. Workplace and family are separate. I actually commend people that put family over work, but that being said, it's unfair to other coworkers who pick up additional responsibilities. So no, she shouldn't be on the promotion track if her boss is taking her workload and placing it on others.
When the boss demands less of you, where does the excess demand go? Well...it goes to your coworkers. Not saying being devoted to your baby is bad, but this is the workplace. Workplace and family are separate. I actually commend people that put family over work, but that being said, it's unfair to other coworkers who pick up additional responsibilities. So no, she shouldn't be on the promotion track if her boss is taking her workload and placing it on others.
You're assuming things that aren't in the original description. It doesn't say that boss had any reason for demanding less of her than noticing that she was devoted to her baby. It doesn't say that anybody else was picking up additional responsibilities for her.
You're assuming things that aren't in the original description. It doesn't say that boss had any reason for demanding less of her than noticing that she was devoted to her baby. It doesn't say that anybody else was picking up additional responsibilities for her.
Fair enough, it doesn't say anyone else was picking up...but in the professional world if someone's not producing they're either terminated or their coworkers are helping out...so, while assumptions are just assumptions, it's a fair assessment would you not say?
Fair enough, it doesn't say anyone else was picking up...but in the professional world if someone's not producing they're either terminated or their coworkers are helping out...so, while assumptions are just assumptions, it's a fair assessment would you not say?
No, I would very much not. I think that there is a not-small set of people who assume that "Hours sitting at your desk" equals "producing" and that they cause all kinds of misery for people who know that work-life balance is actually better for both work and life.
I work around lots of people with babies and children who are producing and reproducing. When we had a baby, though I'm a man, I hope I came across as devoted to the baby.
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