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-   -   Womens rights (http://www.politicalchat.org/showthread.php?t=10793)

noonereal 07-11-2016 08:48 AM

Womens rights
 
I always thought I was pretty up to date on understanding employment do and don't having attended training seminars for years but that was 20-30 years ago.

So I have a question. Can an employer hire a male over a female because they are fearful the women will have a child and that will be disruptive to the business?

Oerets 07-11-2016 09:19 AM

Not a Lawyer here, but would think a like minded employer does it without saying it. Not wanting to take that a chance it might be illegal.



Barney

barbara 07-11-2016 09:32 AM

As far as I know, it is illegal to not hire a female because she might get or might be pregnant.
However, in my experience, employers are able to give other reasons why that person isn't "a good fit for the job" and avoid hiring a person.

(This is true for many situations.... Not just a fear of losing the employee to pregnancy).

catswiththum 07-11-2016 09:47 AM

An employer does not have to give a reason for not hiring.

If a provable record of discriminatory hiring practices exists, he/she/it (the company) can be legally prosecuted.

noonereal 07-11-2016 09:48 AM

Quote:

Originally Posted by Oerets (Post 322754)
Not a Lawyer here, but would think a like minded employer does it without saying it. Not wanting to take that a chance it might be illegal.



Barney

Quote:

Originally Posted by barbara (Post 322757)
As far as I know, it is illegal to not hire a female because she might get or might be pregnant.
However, in my experience, employers are able to give other reasons why that person isn't "a good fit for the job" and avoid hiring a person.

(This is true for many situations.... Not just a fear of losing the employee to pregnancy).

Thanks for the replies. I am well aware that an employer will not put that on paper however it's already been said and discussed.

May be different rules for small companies.

When my daughter got pregnant, it being a start up she was with, they did not have to do much of anything you would think they would under the law.

No paid leave, no holding the job....

merrylander 07-11-2016 01:59 PM

Women here are second class citizens - get used to it or do summat about it.

d-ray657 07-11-2016 06:28 PM

It is explicitly illegal to discriminate on the basis of gender and to discriminate on the basis of pregnancy. Any employer stupid enough to include prohibitions against pregnancy in a written policy will likely be hit with pattern and practice litigation by the EEOC (provided the employer has fifteen or more employees). If there is a steady history of women facing adverse employment consequences as a result of becoming pregnant, the employer is likely to face litigation. Time off for the birth (or adoption) of a child or for complications from pregnancy is provided by the Family and Medical Leave Act. FMLA coverage is limited to employers with 50 employees, and the leave is limited to 12 weeks. However, if an employer has a practice of providing greater time off for other disabling conditions, the effects of pregnancy are entitled to the same treatment.

Boreas 07-11-2016 07:19 PM

What about in "At Will" states. Do those laws cover hiring or just termination.

d-ray657 07-11-2016 08:48 PM

Quote:

Originally Posted by Boreas (Post 322841)
What about in "At Will" states. Do those laws cover hiring or just termination.

I mentioned federal laws. They refer to any adverse employment action, including hiring, firing, demotions, and failures to promote. In general, employment discrimination laws are exceptions to the at-will rule.

ZeroJunk 07-12-2016 05:32 AM

When I was a young man working in an office with three people one of the girls got pregnant a couple of times. I had to do her work for her while she was out. Didn't get paid any more. Never understood why her getting knocked up was my responsibility.


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