A No-Fault Policy May Come Back to Haunt You

DuPage County employment law attorneys, no-fault policy, employee handbook, employee demerit points, workplace pregnancy discriminationAs an employer, you rely on the hard, consistent work of your employees. If they show up late, skip out on work early, or frequently miss work days, your business shoulders the financial setback. In order to protect your business, including the jobs of other employees who show up on time to do their work, you set in place certain employment rules and regulations for all of your employees.

An effective employee handbook will thoroughly describe your policies regarding sick days, unpaid time off, and vacation time, as well as the hours that your employees are expected to be at work. However, there are practices that can do more harm than good—for both your employees as well as you.

No-Fault Policies Lead to Lawsuits

Employers have been ramping up the practice of using no-fault tardy and absent policies. These no-fault policies award demerit points to workers who show up late, leave early, or miss entire days of work. Demerits can lead to reduced hourly pay, demotions, missing out on bonuses or raises, other penalties, and even job termination. It may seem like a good idea, but the American Civil Liberties Union warns that employers who use no-fault policies could face employment lawsuits for unfair treatment of pregnant workers or employees with disabilities.

How No-Fault Policies Target Pregnant Women and Open Employers Up for Workplace Lawsuits 

The United States is the only developed nation that does not guarantee child care or paid maternity leave. As such, pregnant women (and new mothers) are left to try and fit in doctor’s appointments on lunch breaks, take vacation days if they have them during bouts of morning sickness, and are expected to stay late when they need an extra 10 minutes of bathroom breaks.

Pregnant women who work under no-fault policies are faced with three bleak options: continue working through pregnancy and accumulate demerits, quit their job, or use the Family and Medical Leave Act to take an unpaid leave of absence. Creating a work environment that penalizes pregnant women, new mothers, and the disabled may seem like the most financially sound option, but it will hurt your business in the long run. Employees will become disgruntled, you will face a high turnover rate (training a new employee costs at least $1,200 on average), productivity and sales will decline, and worst of all, you could be sued for discrimination.

Our Employment Attorneys Can Help Today

Our attorneys can help you come up with a better solution than a no-fault policy that penalized pregnant women and the disabled. We can design a policy that protects you from discrimination lawsuits and helps your business grow and continue to be successful in the years to come. Contact the dedicated DuPage County employment law attorneys of Momkus LLC for assistance with your case.




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