Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

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in Discrimination and Harassment,Human Resources,Overtime Labor Laws

A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit. That’s because under those circumstances, the employee wasn’t fired because of her race or nationality.

Recent case: Hyunmi Son, a Korean-born woman, was hired as an in-house bill collector for a jewelry business. The company was owned by two Korean-born U.S. residents.

But Son rebelled when the owners told her she would be required to work lots of overtime without pay. The owners told her they expected her to put in the extra hours because all Koreans provided such “courtesies” for their employers.

When Son was fired after refusing, she sued for unpaid overtime—and race and national-origin discrimination.

The court allowed her unpaid overtime claim to go forward.

However, it didn’t let her discrimination claims go to trial. The judge reasoned that Son had been fired because she refused to live up to stereotypes about Koreans, not because she was Korean. (Son v. Bijoux World, et al., No. 11-CIV-2315, SD NY, 2011)

Final note: This case may be an example of judges trying to limit the cases they hear to just the main and most manageable claims. Lawyers throw all the claims they can think of against the wall, but judges decide which ones stick.

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