Accommodation Beats Litigation

Just when it looked like everybody had defined family values, along comes the Donna Cok case.

Cok is the respiratory therapist who breast-fed her 8-week-old infant at work. The next day, her supervisor told her she could breast-feed only during her 10-minute breaks or 30-minute lunch time. Two months later, she lost her job. The jury, after deliberating only 60 minutes, ruled against her discrimination and wrongful termination suit.

This case shows how not to reach a practical compromise in the workplace. It’s also a reminder that we have a ways to go.

While we continue to fret over the shortage of acceptable child care, at least as much attention should be paid to reducing the need.

It seemed the Coks had this worked out. Dad stayed home with the kids while mom worked, and baby was being nurtured naturally. Unfortunately, Cok’s supervisor apparently didn’t know that an 8-week-old infant couldn’t care less about the clock and will demand to be fed now. Cok apparently forgot about her supervisor’s responsibility to ensure that operations are adequately staffed and that employees can’t just leave at any moment. Still, it seems a workable solution could have been found.

It’s beginning to dawn on employers that moms and dads don’t stop being parents when they go to work. Progressive companies of all sizes are arriving at creative ways to get the job done. This is new territory. We’re doing things unimagined 20 years ago. Technology helps but so does the enlightened attitude of shared parenthood. It’s no longer expected that dad works and mom stays home, but we still want to raise our children ourselves. Obviously, this ideal isn’t always possible. But in situations where it is, the possibilities are numerous and they are working: telecommuting, split shifts, job sharing, flextime, working at home. The key is communication, compromise and trust.

Discuss changes in your work schedule with your employer prior to the baby’s birth. Get it in writing. Compromise will likely be needed on both sides. But with some creativity and sensitivity to each other’s real needs, agreeable solutions can be reached.

Workers who feel valued are generally more loyal to their company than those who don’t. They’ll get their work done without being watched constantly. In addition, people with already-flexible schedules are more adaptable during illness or other family matters, resulting in less absenteeism.

Let’s be partners in our quest for solutions, not adversaries.