my niece was fired yesterday for missing too many days at work for being sick, her children, etc. The human resources dept at her job told her among other things: "when children are involved, maybe you should work from home. I was totally upset at this comment and feel it's discriminating against any woman with children. What do you think? Should she contact anyone about the comment even tho that's not why she was fired? Thanks!
2007-02-21 07:07:34 · 10 answers · asked by robbie d 1 in Politics & Government ➔ Law & Ethics
While the comment is in poor taste, I do not believe that the comment violated her rights. If in doubt, seek a lawyer.
2007-02-21 08:30:47 · answer #1 · answered by Jack 7 · 0⤊ 0⤋
Why should she speak to someone? She has an obligation to her employer to come to work when she is scheduled. You say in your question that she was fired for missing too many days for being sick, her children, etc. Obviously, she missed work related to her children and the human resources person expressed an opinion, not stated a company policy. Perhaps, it was good advice considering your niece had a hard time balancing work and family.
2007-02-21 15:15:17 · answer #2 · answered by Susie D 6 · 5⤊ 1⤋
If she feels that she wants to pursue it, she can contact the EEOC and file a complaint, the EEOC will conduct an investigation (though rarely do they find against the employer). After they conduct their investigation they will issue their findings and a "right to sue" letter. Anyone that wants to pursue a civil claim against an employer has to have one of these. FYI - employment discrimination cases are VERY difficult to win and a lot of cases with more egregious facts have been thrown out, not trying to dissuade you, but letting you know the difficulty your niece may face. Good luck to her.
2007-02-21 16:23:10 · answer #3 · answered by trish_tcrp 2 · 1⤊ 0⤋
If she missed too many days for any reason she should be fired. I'm sorry but that's the way it is. It sounds to me like the hr was recommending a workable solution for her. Sure when you have kids it is easier to work from home for many. I'm a mother and I don't expect to get special treatment and allowances for missing work just because I'm a mom. I chose this life and my employer chose me because they expected that I would be at work, doing my job. I don't know about your state, but the comment would NOT be actionable in Missouri.
2007-02-21 15:18:27 · answer #4 · answered by Rach23 3 · 1⤊ 1⤋
I personally am shocked that they would be that blunt. GOOD for them!! She should be home with her kids. Why did she bother to have them if SHE isn't raising them? I can understand if she has to work, but there are so many different things you can do in today's world. If she is a single Mom maybe she should move back in with Mom and Dad so they can help her out and give the kids a stable family to model.
I know this way of thinking isn't popular, but it is the RIGHT thing to do for your kids.
2007-02-21 16:19:27 · answer #5 · answered by luv3dbb 5 · 1⤊ 1⤋
The company really still needs to have someone there. It is very hard for a working mother to balance a career and children. The rest of us have back up daycare for our children when they are sick (ie: grandma, auntie, trusted neighbor, friend) Your neice should have a support group if she is a single mother, or her husband can't earn enough to support her.
It's only for 5 or 6 years until the child is full time in school.
Tell me why a company should have to put up with her personal life?
2007-02-21 15:17:40 · answer #6 · answered by Anonymous · 2⤊ 2⤋
I disagree. It is difficult to work when you have children, and if you need to take care of them, and want to work at the same time maybe working from home and killing two birds with one stone is good advice. It's not a mean-spirited comment necessarily, and it does have factual basis.
2007-02-21 15:15:20 · answer #7 · answered by Pfo 7 · 3⤊ 1⤋
YES, that's an actionable comment, in my opinion.
Someone's marital status or children are not proper issues to address.
No man would take that kind of comment without a fight.
2007-02-21 15:12:54 · answer #8 · answered by American citizen and taxpayer 7 · 0⤊ 1⤋
They just made a suggestion to her, I don't think they meant it to be a pun. She should of had a back up plan for her kids, a sitter etc.....when you take a job, employers expect for their employees to be reliable, and on time. You got to have your bases covered.
2007-02-21 16:15:22 · answer #9 · answered by Anonymous · 1⤊ 0⤋
In dis era , dere is equality before men and women..... everybody is equal in eyes of law. Part 3 of the constitution of india confers fundamental rites to every citizen. Article 14 deals right to equality...... Article 16 deals with equality of opportunity. ....in dis situation ur rights hv bn violated...nd u shud approach the court...
2007-02-21 15:19:53 · answer #10 · answered by cute91 2 · 1⤊ 1⤋