Human Resource Blog

Under PDA, the federal Pregnancy Discrimination Act, an employer cannot discriminate against a worker simply because she is pregnant. However, the employer can still take any action that he would have, had the employee not been pregnant, including termination or demotion. It sounds like that is the case here.

There is nothing illegal about an employer demoting a worker. It happens every day. In this case, it appears that the employer has a valid reason – the employee can’t use an important computer program. (If the employer was making this decision solely because the employee was female, that would be discrimination based on sex.)

Employers must notify workers in advance that their salary or wages will change. As long as the employee knew before Monday that her pay was changed, the employer has handled this legally.

Not to sound mean, but it is not the employer’s job to train your wife. If she genuinely wanted to keep the buyer’s job, she could sign up for a course or buy a software manual and learn the required software. Many employers would even allow the worker to use their computer and software, to learn the system on her own time. In fact, they would be impressed by her initiative.

It sounds like the employer is trying to do the right thing by offering your wife another position that she is qualified for, even if it’s hourly.

Also, just so you know, salaried employees do not necessarily have to be paid for doctor’s appointments when they are pregnant. Pregnant women are automatically entitled to time off for doctor’s appointments under the federal FMLA. However, FMLA leave is unpaid, and that applies to salaried workers, as well as hourly workers.

HRM is an acronym that stands for Human Resource Management. Human Resource Management is defined as the function within an organization that focuses on managing employees.

Human Resource Managers focus on recruiting, management, supervision, providing direction to a company’s most valuable resource – it’s human talent. HR managers address issues such as hiring, compensation, performance management, organizational development, safety, benefits, promotions, selection, wellness, employee morale, communication, record-keeping, motivation, training and retention. They also formulate policies and practices that eliminate illegal discrimination and other legal liabilities for the company.

An education is defined as the increase in knowledge resulting from doing your own homework. 

It would be so much easier for us to do your homework, if we had access to your professor’s lectures and your textbook! But we’ll try.

In general, employers are responsible for:
– Paying the employee

– Honoring any additional agreements with the employee such as benefits

– Providing a safe work environment

– Following all federal, state and local labor laws

Employees are responsible for:

– Providing a fair day’s work

– Honoring any additional agreements with the employer

– Following applicable safety standards

– Following all federal, state and local labor laws

Yes, the forklift driver’s comment was racist. And yes, the other employee’s response (threats) was inappropriate. The employer needs to discipline both employees.

Certain objects, words and behaviors historically used against different groups take on symbolic meaning.  These include nooses, the n-word, the Confederate flag and the word “boy” for African Americans. Traditionally black males were called “boy” and not called “men” ever, even when they were war heroes or were 88 years old. This was a tactic to demean them.

The forklift driver’s action might be unintentional, but it’s still discrimination.

Saying “I didn’t mean anything by it” doesn’t change this action. What’s next? The forklift driver using the n-word or putting a noose in the black employee’s locker and saying, “I didn’t mean anything by it.”?

Under Title VII of the Civil Rights Act of 1964, actions can legally be discrimination even if that was not the intention.

At least in this case, both employees did something wrong, but only the black employee was disciplined. The forklift driver made racist remarks, and the employer needs to discipline him for that.

The employer also needs to make it clear to the second employee that threats are not acceptable in the workplace. Instead, the employee should be assured that if someone is making racist remarks, or discriminating against him, he should report the incident to his supervisor. But this only works if the supervisor takes such complaints seriously and addresses them.

It might also be time to retrain the entire staff, including supervisors, on exactly what illegal discrimination – especially racial discrimination – is. An employer who is aware of this type of conduct, and doesn’t put a stop to it, is creating a hostile work environment under the law.

It would make life so much simpler if there was one standard definition of “dress pants” in the workplace, wouldn’t it? Unfortunately, there is not. “Dress pants” is a vague term that can mean whatever the employer wants it to.

The problem is that the average 23-year-old female employee knows exactly what “dress pants” are. And, so does her 55-year-old female supervisor. But, they are envisioning entirely different items of apparel. The 23-year-old’s choice might include fuchsia and yellow striped drawstring pants in a capris length, or cropped lime lowriders, while her boss’s choice is probably black or navy ankle-length polyester pants with a tummy-control front panel.

This is why many employers who require professional attire, such as banks, are going to uniforms. It’s a sign of the times that it’s much easier to find a definition of “business casual” on the web than it is “professional business attire.”

The important thing to remember is that the dress code can be whatever the employer wants it to be. The employer is the final judge of what is and is not appropriate attire at a specific workplace.

If you are an employer trying to craft a written dress code, may the force be with you. But we’ll try to help. One of the best working definitions of dress pants is, “Pants similar in fabric, style, color, cut and fit to those usually provided with a man’s business suit, or a woman’s business pantsuit. Fabrics should be synthetic or a synthetic blend with linen, cotton, wool or silk. Pants may be pleated or not pleated. Women’s pants should have a waist that sits at or just below the navel, and the midriff or lower back should never show, even when seated or bending over. Pants should be ankle-length. Women’s pants may be slightly longer to accommodate high heels.”

For women, think the “Hillary Clinton look” with the jacket optional, perhaps in more subdued colors.

Because pictures work better for some people, here is a sample of what most conservative employers mean by “dress pants” for women:  http://www3.jcpenney.com/jcp/X6.aspx?DeptID=50434&CatID=51234&GrpTyp=SIZ&ItemID=136d99b&attrtype=&attrvalue=&CmCatId=50434|50438|51234

Here is a sample of what most conservative employers mean by “dress pants” for men:  http://www3.jcpenney.com/jcp/X6.aspx?DeptID=53006&CatID=53035&GrpTyp=SIZ&ItemID=1288f38&attrtype=&attrvalue=&CmCatId=53006|53009|53034|53035

Please cut and past the URLs into the browser window.

Khakis, capris, gauchos, cropped pants, skorts or culottes, Dockers-type pants and corduroy pants are generally not considered “dress pants.” Neither are any pants that have a drawstring waist. They may be acceptable in a business casual environment, or on casual Fridays.

Jeans, sweatpants, shorts, leggings, overalls, and cargo pants are even more casual and are not permitted except in the most casual workplaces. Generally, if these items are acceptable work attire, so are dirty, torn t-shirts with motor oil stains.

It’s not possible to write a dress code that covers every possible situation. For that reason, it’s important for employers to include a clause that gives supervisors, members of management and HR people the right to exercise their good judgment about a particular outfit.

One excellent such statement is adapted from the Michigan Civil Service Commission website: “If any item of clothing is deemed to be inappropriate for the office by the employee’s supervisor, management and/or the Manager of Human Resources, the employee may be sent home to change clothes. Employees will be given a verbal warning for the first offense, and progressive disciplinary action will be taken for further dress code violations.”

Best of luck on this tough topic, and feel free to post any additional questions.