As tough as it is for HR to deal with, there are some employees out there who use bias claims to avoid responsibility for their own poor performance. The good news:
Courts won’t always buy it.
In one recent case, an employee’s job was in danger because she failed to meet production quotas. The company told her she had 30 days to bring her work up to speed, or she’d be terminated.
During the probation period, the employee found out she was pregnant and scheduled maternity leave.
The request was approved, but it didn’t matter — after the 30 days, her performance was still sub-par, so she was fired.
She sued, claiming it was because she asked for the leave.
Who won?
The court threw out the case, ruling the pregnancy had nothing to do with the termination.
The improvement plan was well documented and put in place before the woman even knew she was pregnant. The company wasn’t discriminating — it was just following through with the plan that was laid out for the employee.
Cite: Spector v. U.S. Bank National Association
