My sister-in-law works at a call center. Due to the pandemic, everyone was ordered to work from home. She lives with my family--my wife, my toddler, and myself. One day, from a completely separate room, my toddler screamed and it was apparently loud enough to be heard on her headset in her closed-off room. As a result, she was written up because my child was loud once in another room--something she could not control (and I don't suspect anyone could completely stop). Again, she is not allowed to work in the main office right now due to the coronavirus outbreak. She was basically told that if she can't guarantee silence in the background, she'd be fired. I, personally, fail to see how this differs from someone losing a job due to living in an apartment with noisy neighbors. Her manager suggested quitting until the pandemic is over and then possibly rehiring. This morning, she was fired. Does this (a) constitute discrimination based on her living situation, (b) constitute discrimination based on children, (c) violate some other aspect of employment law? Again, she normally works in the main office, but she *had* to work from home because of the virus...and she got in trouble because of an uncontrollable aspect her home situation. If feels very wrong, but that doesn't always translate to law, I know.
1 Answer from Attorneys
HI there: Who was employer? Are kids home because of no school or child care? Feel free to email me at [email protected] to address further.