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MomLife
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693
Career mom
07/22/20 at 6:50PM UTC
in
Diversity & Inclusion

Can My Employer Fire Me For My Noisy Children?

I know a lot of parents are working two full-time jobs as affordable childcare was scarce way long before COVID. But I recently heard about a women who filed a lawsuit because her employer fired her. The reason being –– her children are too noisy on work calls. To me, this has gender discrimination all over it. Is this legal? As a mom, I work from home and sometimes my kids are in the background making unwanted noise. But never would I think this is something I could possibly get fired for. Thoughts here?

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Shannon Nuss
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47
Director of Style at W Scottsdale
08/03/20 at 5:28PM UTC
I think if you're honest up front, that would help. I cannot even imagine being on a work call with my kids in the same building as me - even if they're in another room you'd hear them!
Bernice Avington
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97
HR Profressional
07/31/20 at 7:13PM UTC
I think it would have to be based on the context. Employers have a right to expect you to be able to do your work. Although clearly exceptions need to be made during this unique time. My best advice would be to discuss the situation with your boss and determine clear expectations and a plan to make it work. Many times the issue is really a lack of communication on both parts. Employees may tend to over-promise (agreeing to a work schedule that from the beginning has no chance to succeed) instead of being honest with the boss. Employers are generally interested in working with employees who are honest and able to produce results. When my employees come to me to discuss work - life balance issues, we work together to come up with solutions that allows both of us to win! It is possible.
Jessica K.
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500
Marketer. Powered by sports, wine & fashion.
07/29/20 at 4:46PM UTC
I'm not an expert, but IMO you cannot be punished for having kids and working from home. Many people are experiencing this right now and it's common that a child may come in the room while you're on a work call or start crying. It's our current reality for the foreseeable future and feel that employers need to get on board.
Linda Grace Solis
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423
Diversity, Equity, and Inclusion Champion
07/29/20 at 1:58AM UTC (Edited)
We are so not “in this together”. People with kids are treated like they chose to work from home full-time while homeschooling their children and never letting anyone leave the house. People without kids are treated like they have no life or relationships at all and are often expected to (and I HATE THIS PHRASE) “pick up the slack for their coworkers with kids”. If we were truly all in this together, CEOs would cut their own salaries and pour that money (likely millions of dollars) into the payroll to keep their people drawing a salary. We would all give each other the grace and space we need to live this inside-the-house-with-everyone-we-know life. We wouldn’t expect children to go back to school when doing so will be a death sentence for so many. We wouldn’t expect parents to instantly become teachers, even while they’re still working full-time. We wouldn’t expect teachers to go back to school at risk of their own health, nor would be expect them to suddenly be adept at teaching online when the school districts won’t provide them the tools they need to be successful. (We also wouldn’t expect them to buy materials for their own classrooms,either, but we’ve expected that for decades.) This pandemic has brought into focus all the ways “capitalism” has failed the average American. Capitalism has bought us an abysmal healthcare system, public education that is constantly underfunded, never-ending wars over who knows what, and political “representatives” who don’t give a tinker’s dam about the people they’re supposed to represent, instead grasping constantly for power and money. American is broken.
Amri Abuseman
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11
Leader of software quality engineering team
07/22/20 at 7:11PM UTC
This goes against "we're in this together" credo in fighting COVID, supporting our families and getting work done in the new 'normal'. As it is, the pressure of keeping work-life balance is greater now that the boundary is blurred. Some empathy in understanding how women are dealing with 'working/schooling/living from home' goes a long way before deciding to terminate someone because of noisy children.
Steph McDonald
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299
Recruiter doing cool things at Zapier
07/22/20 at 6:55PM UTC
If the work environment requires a lack of disruption I can see that the employer *may* have a leg to stand on, but wow, the optics are bad.
Anonymous
07/24/20 at 5:43AM UTC
To be honest with you, I know this happen to a woman. I saw the footage on ABC Good Morning America a while back. The woman winded up filing a lawsuit against the employer.

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