Shooting For A Work/Life Balance

(Published June 1, 2008)

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription. 

When employees with caregiving responsibilities – be it for a child or an elderly or sick family member – are treated less favorably because of their family responsibilities, the threat of litigation  looms in the form of a discrimination lawsuit.

Flagrant Foul

Tara Landley had been the head women's basketball coach at a community college for two years when she gave birth to her first child.  She returned full-time to her coaching duties 10 days after having the baby and went on to coach the team to a winning season.  At the end of the season, the athletic director, Jim Burke, met with her to discuss her coaching responsibilities for the following year.

"Tara, I'm going to cut to the chase," Burke said.  "I think you should give serious thought to resigning as the head coach now that you are a mother."

"What does my being a mother have to do with my ability to coach?" Landley asked defensively.

"I'll be honest…your life choice in deciding to have a baby concerns me," Burke replied, alluding to the fact that Landley was an unwed mother.  "I just don't see how you can be 100% committed to your coaching duties now that you are a mother."

"That's ridiculous," Landley shot back.  "The baby had no effect on my commitment to coaching this past season.  Not only did I return 10 days after having the baby, but I also coached the team to a winning season."

"True," Burke conceded, "but I can't take the chance that you will not be as committed to the program as you were before having the baby.  I don't think that you should continue coaching." 

When Landley refused to resign, Burke terminated her, so she filed a sex discrimination lawsuit under Title VII.  Although the college denied any wrongdoing, it agreed to pay Landley $200,000 in damages.

Playing Fair

To help minimize the risk that your company will be slapped with a discrimination lawsuit by an employee with caregiving obligations, you must treat similarly situated employees the same regardless of their family responsibilities.  Never make an employment decision on the basis of an employee's status as a caregiver or non-caregiver; base all employment decisions on legitimate business needs and employees' individual performance.

• During the hiring interview, beware of asking even seemingly innocuous questions about an applicant's personal life.  The more you know about an applicant's family situation, the more risk there is that an applicant could claim that he/she was rejected for the job due to family responsibilities.

If the applicant volunteers information about his/her family, do not ask follow-up questions.  Learn to steer the conversation back to work topics without appearing uninterested or cold. 

• Avoid making stereotypical assumptions that employees with care-giving responsibilities are less committed to their jobs than they were before they had such responsibilities.

Similarly, don't make assumptions about an employee's interest, or lack thereof, in assignments or positions because of their family responsibilities.  For example, don't assume that a mother is not interested in a plum promotion that involves frequent travel, or justify promoting a father over a mother because he is his family's "bread winner."  Base all employment decisions on objective, documented criteria.

• When granting flexible work arrangements, focus on objective eligibility criteria (e.g., position, seniority, discipline history, performance record), rather than the reason for the request.  This helps avoid an unconscious decision to give mothers more flexibility than fathers, for example. 
• Beware of sending mixed signals.  Do you inform employees of the company's flexible hours, but then criticize an employee for not working 9 to 5?   
• Document work deficiencies without focusing on the cause.  Record that an employee was 30 minutes late; do not add it was due to driving a parent to a doctor's appointment.

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