In my last Insight, I talked about some of the reasons behind pregnancy discrimination lawsuits.
In my experience, when an employer has had a poorly performing pregnant employee, I have recommended that the employer be cautious in deciding to discharge or demote that employee, or one who has just given birth, because a lawsuit may result. Nevertheless, I remind employers that they should not be afraid to document the performance problems of the employee.
An Example
I had an employer that had a problem performer who wasn’t doing her job. And whenever performance problems were addressed with this employee, she would hint that maybe the performance concerns were being addressed because there were “other motives involved.”
She never came out and specifically stated that she felt it might be due to her pregnancy, but she definitely hinted at it.
The employer was diligent in progressively documenting any performance concerns and always made sure the employee fully understood that those concerns were solely based on her job abilities and nothing else. In my opinion, it was important that the company document everything and not take any adverse action against this employee.
This was at the beginning of the year. Then she went on pregnancy leave and came back to work at the end of the year.
After she came back, the company still continued to work with her on her performance problems, but performance improvements were never observed, and eventually she was terminated. But it was only after some time had passed, and after we felt there was sufficient documentation to defend the termination decision should a lawsuit arise.
So, although pregnancy discrimination lawsuits might be seen more often now than in the past, there are steps you can take to help avoid them.
Legal Disclaimer
The information contained in this document is for general, informational purposes only and is not intended to be legal advice. This information is not a substitute for the guidance of a professional and should not be relied upon in reference to any specific situation without first seeking the advice of a qualified HR professional and/or legal counsel regarding applicable federal, state or local laws. HRTools, Insperity and their respective employees make no warranties, express or implied, and make no judgments regarding the accuracy of this content and/or its applicability to a specific situation. A reference or link to another website is not an endorsement of that site or service.