Just in time for Mother’s Day comes news that workplace discrimination based on parental status may be increasing.
If your mom hasn’t already reminded you of it (subtly, of course), this Sunday is Mother’s Day. It’s a time when society traditionally extols the values of motherhood.
But in the workplace, according to growing numbers of reports, motherhood in all its forms, from pregnancy to parenting a child to taking care of one’s own elderly parents, may be under attack.
Mothers-to-Be
The evidence of rising discrimination against pregnant women comes in the form of a 14 percent rise in cases filed under the nation’s Pregnancy Discrimination Act (PDA) between 2000 and 2005, according to Equal Employment Opportunity Commission (EEOC) statistics.
Women are dismissed, denied promotion, or otherwise discriminated against because of the perception that their current condition or coming responsibilities will impinge on their ability to do the job, according to Jocelyn Frye of the National Partnership for Women and Families. She termed these trends “disheartening, disturbing and a wake-up call,” according to news reports.
The PDA requires the following of employers, in regard to pregnant employees:
–A womacannot be refused employment or fired, due to pregnancy, as long as she can perform the essential functions of the job.
–Should an employee be temporarily unable to perform her job, due to her pregnancy, she must be treated exactly as any employee with a temporary disability.
–If an employee takes disability leave due to pregnancy, her job must be kept open as long as it would be for any employee out on sick leave or disability.
–There can be no discrimination against pregnant employees in seniority, pay raises, vacation time accrual, or any other benefit.
Mothers Caring for Children…
Those who’ve already attained motherhood face additional challenges, says Joan C. Williams, an employment law professor closely identified with the burgeoning issue of “family responsibilities discrimination.”
“There’s been a 40 percent increase in this type of case in the past 10 years,” Williams explains, in the Women’s Right Employment Law Blog. “They’re the new face of discrimination law.”
While no federal law specifically prohibits discrimination based on the need to care for children, there is protection under EEO regulations, which ban bias based on gender, and also under the Equal Pay Act. The Family and Medical Leave Act (FMLA) also makes provision for parents to take unpaid time off to care for children without fear of losing their jobs.
Children Caring for Their Mothers
FMLA also helps with the third aspect of parental care … working adults caring for their elderly parents, a situation more and more workers face as the population ages.
According to business law columnist James Jorgensen, the definition of care, under the FMLA, is wide-ranging. It covers “both physical and psychological care, and includes situations where a family member is unable to provide for his or her own basic health-related needs, to get to the doctor, etc.”
Several major corporations, including NBC Universal, Toyota, and Prudential Financial, have taken helping workers with eldercare that’s a step beyond the FMLA. They offer active programs that connect employees to caregivers and counselors skilled in eldercare, and even include aging parents under an employee’s health insurance.
Such programs are catching on faster than child care did, according to Alexandra McCauley, a vice president of HR at NBC Universal. And the reason is easy to understand … and apt for Mother’s Day.
“Not everyone has children,” she says, “but everyone has a parent.”
A New and Improved FMLA?
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