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Training won’t fix stupid

By Jonathan Hyman on September 4, 2018
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A fast-food restaurant fired a recently hired employee after its manager learned she was pregnant.

How do we know this was the manager’s reason for the termination? Because he texted it to the employee (which she later posted on Facebook).

 

Hello, I’m sorry to inform you but it’s not going to workout with Jersey Mikes. It’s not a good time for us to have someone who is leaving for maternity leave in several months anyways . You also failed to tell me this during our interview. Good luck to [sic]

According to KIRO, the franchise owner offered the employee her job back (she refused), and the offending manager has since resigned.

A spokesperson a Jersey Mike’s corporate told Inc. that this termination “does not reflect our history or values,” and that “additional training is being provided.”

Excuse me, but how will training help ignorant managers avoid discrimination? Sex discrimination has been illegal since 1964, and pregnancy discrimination expressly since 1978. If a manager does not know that you can’t fire a woman because she’s pregnant, no amount of training in the world is going to help that manager not discriminate.

“We are going to institute more training” is the stock corporate answer to any workplace discrimination crisis. Don’t get me wrong, training is important and necessary. But training would not have resulted in this employee keeping her job. Lack of training of the manager was not the failing here. The failing was that the employee did not have a clear path to complain, other than taking her grievance pubic via Facebook.

Manager training may stop some discrimination, but it’s not a magic pill. Instead, train your employees on how to complain if they feel they are victims of discrimination, and train yourself to be open and receptive to such complaints, to fully investigate them, and to take appropriate corrective action. That’s how we root out discrimination.

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
Read more about Jonathan HymanEmailJonathan's Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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