I have employees who I know are married and their spouses are essential and will be working no matter what. Others are single and live alone. If they are laid off, it could really hurt them. Is it okay to consider these aspects in deciding who to lay off?
Rita Risser Chai Replies:
It is wonderful that you want to consider the impact on your employees, BUT the way you’ve worded it, it sounds like you are discriminating on the basis of marital status, which is illegal in most states.
Arguably, there is a way to consider “household income” without regard to marital status. After all, single people may live with parents or have a life partner; married people may be separated. But how do you find out about household income and financial obligations without invading people’s privacy? You may know everything about one employee, but nothing about another. One employee might have won the lottery and have plenty of spare cash, while another might be supporting a disabled family member and not be able to save at all.
So, the standard—and still the best– advice is to pick people based on their job performance, or seniority, or some other legitimate business reason, and not based on their personal lives.
New York governor Andrew Cuomo said recently, “We don’t talk about practicing humanity, but now if ever there is a time to practice humanity the time is now. The time is now to show some kindness, to show some compassion to people, show some gentility.” With that in mind, perhaps there is a way you can reduce salaries and hours, rather than lay off employees.
Bottom line, if you do have to lay off employees, it’s risky to consider household income. You and your management need to decide if it’s worth the risk. Good luck.
Posted 04-22-2020
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