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07-11-2016, 08:48 AM
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Abby Normal
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Join Date: May 2009
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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?
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07-11-2016, 09:19 AM
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Senior Member
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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
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07-11-2016, 09:32 AM
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Senior Member
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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).
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07-11-2016, 09:48 AM
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Abby Normal
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Join Date: May 2009
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Quote:
Originally Posted by Oerets
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
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Quote:
Originally Posted by barbara
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).
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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....
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07-11-2016, 09:47 AM
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Senior Member
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Join Date: Apr 2015
Location: Edge of America
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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.
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07-11-2016, 01:59 PM
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Resident octogenarian
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Location: Maryland
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Women here are second class citizens - get used to it or do summat about it.
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07-12-2016, 06:57 AM
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Abby Normal
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Join Date: May 2009
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Quote:
Originally Posted by merrylander
Women here are second class citizens - get used to it or do summat about it.
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My experience had always been the opposite. In the late 70s early 80s men were passed over all the time in favor of women based on sex. Right up until the mid 90s when I started my own business I never experienced anything but advantages for or women.
Never lesser pay, alWays softer demands for the same job, cleAr favoritism for the more attractive. Unquestionably favored for promotions.
so as liberal as I am I have always thought the women rights demands much ado about nothing.
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07-11-2016, 06:28 PM
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Loyal Opposition
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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.
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07-12-2016, 06:49 AM
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Abby Normal
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Join Date: May 2009
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Quote:
Originally Posted by d-ray657
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.
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Thanks
That is what one would think but you never know.
In this case, nothing is written but they had been open and honest in discussing with her their concern on a pregnancy. Any re course?
,...............
Btw, she was hired but she had to promise to not get pregnant again for at least 2 years.
Just curious, is this an allowable"deal" under the law? Again nothing written but everything openly discussed.
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07-11-2016, 07:19 PM
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Senior Member
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Location: Sonoma County, CA
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What about in "At Will" states. Do those laws cover hiring or just termination.
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