Plant Services - August 2008 - (Page 54) IN THE TRENCHES that requires a specific cause and due process). The exception is that the firing can’t involve discrimination as covered by Title VII, and Title VII doesn’t cover being married, dating or miscarriages, or (in Dan’s case) having a lousy management style. Thus, Acme is within its legal right to terminate both, and it’s doubtful that either have any recourse in the courts, although I leave this point up to my very competent attorney colleague. How could this have been avoided? Perhaps if the “no dating” policy had been written out in a policy manual, and if Les had been more forceful in enforcing it (for example, hiring Sara full-time while knowing about the relationship was a mistake), this problem might not have occurred. However, love (or is it LOVE) is supposedly the most powerful force in the universe. I’m doubtful as to as to whether the outcome would have been any different regardless of what Les or Acme did or didn’t do. Professor Homer H. Johnson, Ph.D. Loyola University Chicago (312) 915-6682 hjohnso@luc.edu An attorney says: Employers don’t have the right to intrude upon or dictate their employees’ personal lives. However, when employees’ personal lives interfere with the way in which they perform their job duties or negatively affect the company, an employer has the right to regulate workplace conduct and to discipline or discharge employees who don’t comport with expected standards. Office romances present a host of workplace problems. When one member of the couple supervises other employees, Office romances present a host of workplace problems. those employees often feel that they have gotten short shrift over the supervisor’s beloved. Even too much handholding at the water cooler or smooching at the company picnic can lead to diminished morale. What happens when the romance goes bad? Sexual harassment claims sometimes follow. No law precludes an employer from discriminating on the basis of an intimate relationship, but employees have used a number of laws to challenge discharges on the basis of a romantic relationship. A California case made headlines when a female employee was terminated because her paramour worked for a competitor. She challenged on grounds that it violated the state’s right to privacy laws – and prevailed. Federal and many state laws prohibit discrimination on the basis of both sex and pregnancy. Sara would have difficulty claiming her discharge constituted sex discrimination because Dan suffered the same fate. Whether she could claim pregnancy discrimination is questionable – at the time of her discharge she was not pregnant. The Americans with Disabilities Act protects employees with a history of a disability, but no similar wording can be found in pregnancy discrimination laws. From an evidentiary standpoint, Les terminated Sara before she told him she had twice miscarried, so she would find it difficult to prove that the miscarriage or the antecedent pregnancy was the cause of her termination. When all is said and done, it appears that Dan’s relationship with the production workers was so poor that some quit rather than work with him. This is a lawful and legitimate reason for a termination. However, doesn’t Acme normally give warnings for this kind of performance problem before terminating an employee? Julie Badel, partner Epstein Becker & Green, P.C. (312) 499-1418 jbadel@ebglaw.com August 2008 EMERGENCY OVERHEAD PROTECTION FROM ROOF • PIPE • MACHINERY LEAKS Eliminate Down Time! Protect Machinery and Stock! Perfect for offices, shops & warehouses 101 USES! Diverts water to window, drain or sink Price subject to change without notice Diverters • Your Choice INDIVIDUALLY PACKAGED 3’ x 6’ – $65.40 3’ x 8’ – $68.16 3’ x 10’ – $70.20 6’ x 6’ – $76.44 6’ x 8’ – $82.86 6’ x 10’ – $89.22 Industrial vinyl reinforced with polyester Heavy-duty garden hose attachment Solid brass grommets Suspension and hose not included. Other sizes available upon request. Water — so essential to life, yet it can be your worst enemy when you least expect it. At last a product has been developed to make those untimely leaks a little less frustrating. Our Water Diverter protects valuable areas and equipment from roof leaks until a permanent solution can be accomplished. It is our opinion that every building that has a fire extinguisher in case of a fire or a first aid kit in case of an injury, should have a least one Water Diverter in case of a disastrous roof leak. It is better to have one and not need it then to need it and not have it. Water pails in the middle of the floor are not considered Fire Protection. Keep the buckets out of sight — liability claims are there already. 1115 Main St., Holyoke, Mass. 01040 (413) 533-5347 Fax: (413) 536-4797 WWW.SUMLAC-DEWAY.COM 54 www.PLANTSERVICES.com http://WWW.SUMLAC-DEWAY.COM http://www.PLANTSERVICES.com
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