HR advice Forum, Human Resource help
 
  #1  
Old 07-25-2010, 11:37 PM
henrywalker henrywalker is offline
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Default Is this discrimination?

One of my colleagues was found to have had an affair with his boss. BOth of them are male. I think that it is discriminatory. Does my colleague have a right to file claims if ever?
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  #2  
Old 07-26-2010, 06:43 AM
JamesBuehler JamesBuehler is offline
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This is a sticky situation, but yes, I think that this would have been a case of discrimination. If your colleague is a woman and she had an affair with her male boss, that should not have been enough grounds for dismissal.
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  #3  
Old 07-26-2010, 07:38 AM
jasonm jasonm is offline
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That's right. Having an office romance is not normally considered serious enough to get sacked. But if in this case it would be difficult to prove discrimination against gays as I think only one was let go, the boss is still there right??? So if the organisation let both of them go, they'd have a stronger case.
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Old 07-26-2010, 07:42 AM
Tiger Tiger is offline
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Just what did happen? At our office, a relationship between a boss and his secretary ended badly, and she was sacked. She filed for sexual harassment and discrimination and she won.
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  #5  
Old 07-26-2010, 08:33 AM
Eloise Eloise is offline
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There has to be other reasons why your colleague was asked to leave. If it's because of the affair per se, then he could certainly file a gender discrimination claim.
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  #6  
Old 07-26-2010, 08:36 AM
Ruddey Ruddey is offline
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Ugh, what tangled webs we weave!!!

But honestly, your friend should have been given due process. Your employer should have followed the prescribed procedure for disciplining employees and he should have been given the right to appeal. Tell him to seek legal representation or at least talk to your union rep.
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  #7  
Old 03-29-2011, 01:08 PM
smithjohnsmith smithjohnsmith is offline
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But if in this case it would be difficult to prove discrimination against gays as I think only one was let go, the boss is still there right??? So if the organisation let both of them go, they'd have a stronger case.
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