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 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.
(no subject)
Date: 2006-12-20 01:04 am (UTC)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.