Employment discrimination against pregnant women and moms is on the rise. Or so says the author of an article in this month's Delaware Today magazine. Young Conaway attorney Adria Martinelli was quoted in the article, commenting on the relationship between the state of the economy and discrimination against women with children.
The number of single mothers has increased dramatically over the last three decades, rising from 3m in 1970 to 10m in 2003. And, according to a Cornell study cited in the article, a woman with children is 44% less likely to be hired than a non-mother with the same resume, experience, and qualifications. Mothers who were hired were offered, on average, $11,000 less than non-mothers.
Although these statistics are sobering, Delaware mothers have some statistics worth celebrating. Two Delaware employers were included in the 2007 100 Best Companies for Working Mothers award, AstraZeneca and the DuPont Company. AstraZeneca was also recognized by Fortune magazine as one of the 100 Best Companies to Work For in 2008. The pharma corporation's adoption and fertility benefits earned it recognition from the Dave Thomas Foundation for Adoption and Conceive magazine.
Although the question of whether maternal profiling really occurs in the workplace and, if so, to what extent, is subject to debate, this article clearly believes that it does occur--a lot. Maybe so. But the law is designed to prevent this and, if pregnancy discrimination or caregiver discrimination does occur, the law provides victims with critical remedies and a day in court.
The FMLA gives eligible employees up to 12 weeks of unpaid leave to care for a newborn or just-placed adopted child. Both parents are eligible for the leave--the FMLA does not discriminate based on gender. Additionally, Title VII was amended to add the Pregnancy Discrimination Act ("PDA"), in 1978. In 2008, the Third Circuit ruled that the PDA also prohibits a woman from being fired for having an abortion. The law also offers women protection for undergoing fertility treatment. Lastly, the EEOC has interpreted Title VII as prohibiting discrimination based on caregiver status. This branch of discrimination law protects both men and women from workplace discrimination based on caregiver or family responsibilities they may have at home, including caring for young children, as well as for elderly parents.
It's likely that, for years to come, the debate over whether maternal profiling occurs in the workplace will likely continue. What is clear, though, is that maternal profiling is a type of employment discrimination prohibited by law.
I'm glad to see this post on such an important topic.
Without a doubt, maternal profiling exists. Not only have many studies confirmed it, but I see it every day in my work at the Center for WorkLife Law and in my employment law practice counseling employers. We hear stories and read cases every day in which employers blatantly target mothers for negative treatment or outright fire them, usually making comments like "Women can't be good workers and good mothers," "I'd rather have anyone working for me except a mother," and "I was going to promote you, but look at you now" (pointing to a pregnant belly). I've had clients call me and say things like "One of my workers is pregnant, and I need to know how I can terminate her. I just don't want the liability of a pregnant woman around, and she's probably going to quit anyway." I had another client assure me that he didn't need my advice on how to properly terminate a pregnant woman because he was "going to make her want to quit -- and soon."
I've seen too much, heard too much, and experienced too much to doubt that maternal profiling exists. I'm with the experts on this -- it is real.