Political Forums  

Go Back   Political Forums > Off-topic

We appreciate your help

in keeping this site going.
Reply
 
Thread Tools Display Modes
  #1  
Old 07-11-2016, 08:48 AM
noonereal noonereal is offline
Abby Normal
 
Join Date: May 2009
Posts: 11,245
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?
Reply With Quote
  #2  
Old 07-11-2016, 09:19 AM
Oerets's Avatar
Oerets Oerets is offline
Senior Member
 
Join Date: Aug 2011
Location: Derby City U.S.A.
Posts: 8,176
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
Reply With Quote
  #3  
Old 07-11-2016, 09:32 AM
barbara's Avatar
barbara barbara is offline
Senior Member
 
Join Date: Jan 2012
Posts: 5,172
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).
Reply With Quote
  #4  
Old 07-11-2016, 09:47 AM
catswiththum's Avatar
catswiththum catswiththum is offline
Senior Member
 
Join Date: Apr 2015
Location: Edge of America
Posts: 1,509
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.
__________________
Try to rely on yourself as much as possible - when things go to hell, you will know who to blame.
Reply With Quote
  #5  
Old 07-11-2016, 09:48 AM
noonereal noonereal is offline
Abby Normal
 
Join Date: May 2009
Posts: 11,245
Quote:
Originally Posted by Oerets View Post
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 View Post
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....
Reply With Quote
  #6  
Old 07-11-2016, 01:59 PM
merrylander's Avatar
merrylander merrylander is offline
Resident octogenarian
 
Join Date: May 2009
Location: Maryland
Posts: 20,860
Women here are second class citizens - get used to it or do summat about it.
__________________
Great minds discuss ideas; Average minds discuss events; Small minds discuss people.
Eleanor Roosevelt
Reply With Quote
  #7  
Old 07-11-2016, 06:28 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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.
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #8  
Old 07-11-2016, 07:19 PM
Boreas's Avatar
Boreas Boreas is offline
Senior Member
 
Join Date: Nov 2009
Location: Sonoma County, CA
Posts: 20,496
What about in "At Will" states. Do those laws cover hiring or just termination.
__________________
Smoke me a kipper. I'll be back for breakfast.
Reply With Quote
  #9  
Old 07-11-2016, 08:48 PM
d-ray657's Avatar
d-ray657 d-ray657 is offline
Loyal Opposition
 
Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
Quote:
Originally Posted by Boreas View Post
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.
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
Reply With Quote
  #10  
Old 07-12-2016, 05:32 AM
ZeroJunk ZeroJunk is offline
Senior Member
 
Join Date: Dec 2011
Posts: 1,899
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.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:39 AM.



Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.