Make sure you evenly apply your leave policies to all employees.
Recent case: Rachel spent seven years as a college instructor while working toward her doctorate degree, a requirement for being promoted to assistant professor.
She became pregnant in the seventh year and gave birth at the end of the spring semester. Since she still hadn’t finished her doctorate, she wasn’t promoted and instead received a one-year contract.
Rachel complained that this was sex discrimination. Then she requested paidinstead of returning to teach in the fall. Her request was denied because her baby was born in the spring and the policy limited leave to newborns.
She sued, alleging retaliation.
But since no one else had received such leave, the case was dismissed. (McBroom v. UNC, No. 11-CV-00217, ED NC, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Track discipline by protected characteristics
- Crack down on supervisor harassment with tough policy, prompt corrective action
- Sorting through résumés? Make criteria clear
- Reprimand may be sufficient if harassment was mild and unlikely to occur again