Employment discrimination comes in all shapes, colors and sizes. Do you know all the ways that you can discriminate against an employee?
Employment discrimination can occur when an adverse action is taken against someone based on the person being in what is called a “protected class.” For example, if you do not hire Susie because Susie is female, then you have engaged in discrimination based on Susie’s sex (female). The same can hold true if you refuse to hire Sam because he is male. You’ve discriminated against Sam based on his sex (male). But what if you have a really, really good reason to want only a male or female in the position?
Employment discrimination – there are so many twists and turns. Jack can’t do the job he was hired to do, which includes lots of walking. Jack’s emphysema restricts his walking ability. Can you replace him with a healthier employee? Jill needed a month off of work to help care for her very ill son. You feel bad for Jill and her family, but the work has to get done… Can you replace Jill? Jody joined the Army Reserves and was called up to go to Afghanistan. He returned eighteen months later looking for his old job… In the meantime, you replaced him. Do you have to let the other guy go?? Jessica is making a lot of mistakes in her work and you really need to replace her. Trouble is, Jessica is 66 years old. And female. Are you in trouble if you let her go?
This is just a very small sampling of employment discrimination questions. You can go on-and-on with the questions swirling around in your head – and waking you up at night.
Or, you could give us a call.
At Eichman Law, PLLC, we are ready to help you figure out your worst nightmares.
Give us a call to set up an appointment.