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Maternal Profiling not illegal in every state

Wow, that's a wakeup call to me. I'd thought that with affirmative action, this sort of thing was illegal everywhere.

Sorry, [livejournal.com profile] sixersfan, but it's another reason to leave philly.

Of course, I won't be going to poland though

(no subject)

Date: 2006-12-19 06:15 am (UTC)
From: [identity profile] cassiee.livejournal.com
Ironically, in Costa Rica, they ask, and it makes a big decision whether they employ you or not. A single woman, with no childern has more chance of getting the job instead of a woman, who is married and has childern, or etc. Even if the latter is more qualified.

It's descrimination, plain and simple, I didn't think the US would be going the same way.

(no subject)

Date: 2006-12-19 03:53 pm (UTC)
From: [identity profile] sixersfan.livejournal.com
This one of those situation I feel is unfair to everyone. I don't know if there is a way to make it fair. I don't think it's reasonable to ask if someone is married or a parent. But I think it benefits an employer to know if someone is planning on having a child in the near future.

I thought that maybe implementing a system similar to vacation (accruing leave time over a period of months) would be fair, but that's not fair to someone who gets pregnant right away after starting a new job.

I also don't think it's fair for an employer to immediately have to pay for leave time for a new employee. If it's a busy or crucial time and it's unreasonable for other people to pick up the slack, another person has to be hired. That's paying 2 people for one job. And what do you do when the other person comes back?

That happened at my job earlier this year when a guy took a month off for paternity leave.

It's someone's personal business, but I think it's most fair to all parties if an employer knows that a new or prospective employee is planning on taking any type of leave within a year of hire.

(no subject)

Date: 2006-12-20 01:04 am (UTC)
From: [identity profile] moonmelody.livejournal.com
I am doing my best to procrastinate even further the work I need to get done tonight by strolling through my friends' flists, and come upon you through [livejournal.com profile] poisontaster. My lawyer-geek button got pushed when I saw this post, so I thought I'd put off even longer the real legal work that awaits me by commenting here instead. :)

I can only imagine that the article refers to state laws. Because under federal law it is illegal for an employer to discriminate on the basis of gender which has been interpreted to include this type of "maternal profiling." Of course, federal anti-discrimination laws don't apply to every employer -- most notably, some small businesses (depending on the number of employees) and government employers are exempt. But for the most part it's a safe bet to say that taking motherhood or pregnancy-potential into consideration when making a hiring decision is likely to result in you being hauled into federal court on a Title VII employement discrimination law suit.

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