Yesterday, I settled an EEOC case that was essentially a misunderstanding by having my client give the guy his job back. It was all he wanted, which was nice.
Today is a different animal.
I represent a Korean family that has a business that employs mainly Mexican women, about 35 employees, who speak only Spanish. Mom and Dad speak only Korean, and the son speaks heavily accented English.
They have been sued by EEOC for discriminating against pregnant women. The good news is that when we investigated, the employees universally told us that it was no problem to take time off to have a baby, and that the company provided modified work to accommodate pregnant employees.
The bad part is that both the son and dad were heard saying comments like “no more babies.” The person who heard it did say they might have been joking, but it is still bad.
The problem is really that you have immigrants who own a business employing other immigrants where there is a massive disconnect of both language and culture. I can fix this, as this is a lot of what I do.
The big problem? The government wants $354,000. My clients made $50,000 in profit last year - for the whole family.
I want to have them use the settlement to build HR support with formal structure ans documentation so we make things better for both employer and employees, but they generally want some blood, too.
Wish me luck. I am going to need a radical set of tools.