Some supervisors don’t seem to realize that just a few poorly chosen comments can create a lawsuit where no cause for litigation exists.
One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination.
At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.
Recent case: Elizabeth went to work in the admissions office of a private school as the sole receptionist. As such, she was the first contact with prospective students and their parents. Elizabeth was the mother of an infant. Her regular hours were 9 a.m. through 6 p.m. and she was required to punch a time clock at the beginning and end of her shifts.
Soon, she was coming in late and leaving early. But she also sometim...(register to read more)