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07-11-2016, 08:48 AM
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Abby Normal
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Join Date: May 2009
Posts: 11,245
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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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Join Date: Aug 2011
Location: Derby City U.S.A.
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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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Join Date: Jan 2012
Posts: 5,172
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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, 09:47 AM
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Senior Member
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Join Date: Apr 2015
Location: Edge of America
Posts: 1,509
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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.
__________________
Try to rely on yourself as much as possible - when things go to hell, you will know who to blame.
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07-11-2016, 09:48 AM
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Abby Normal
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Join Date: May 2009
Posts: 11,245
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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, 01:59 PM
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Resident octogenarian
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Join Date: May 2009
Location: Maryland
Posts: 20,860
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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
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07-11-2016, 06:28 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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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.
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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07-11-2016, 07:19 PM
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Senior Member
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Join Date: Nov 2009
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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Smoke me a kipper. I'll be back for breakfast.
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07-11-2016, 08:48 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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Quote:
Originally Posted by Boreas
What about in "At Will" states. Do those laws cover hiring or just termination.
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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
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07-12-2016, 05:32 AM
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Senior Member
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Join Date: Dec 2011
Posts: 1,899
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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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