INTRODUCTION
Ever since women have began stepping out of conventional roles, a wave of sexist opinions and consequently, incidents have manifested. Discrimination, although subtle at times, is easily perceived by women and often goes unreported - which is an issue in itself.
This report shall concentrate on the same, narrowing itself down to the discrimination against pregnant employees in particular.
Pregnancy discrimination is a type of employment discrimination that occurs when expectant people are sacked, not given jobs and opportunities, or otherwise discriminated in any way against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one’s pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy.
Employers discriminate on the grounds of pregnancy for a number of reasons:
-PREJUDICE against working women and mothers
-FEAR OF LOSS OF PRODUCTIVITY due to the absence of an employee
-INSUFFICIENT RESOURCES to support temporary employees or provide overtime pay for other employees to fulfill the duties during leave
-Belief that the employee will require too many accommodations even after her return.
LAWS REGARDING PREGNANCY DISCRIMINATION IN THE UNITED STATES OF AMERICA
In the United States, since 1978, employers are legally bound to provide the same insurance, leave
American sexism has changed dramatically over the years, but it is far from perfect. Today many women in America face sexism in many areas throughout their lives; especially in workplaces. Women face sexist stereotype that holds them back from rising up as corporate ladders, especially in jobs that have a high ratio of men compared to women. Sexist comments such as “women are weak to do this kind of job” , “these are men 's jobs” and ”women are too emotional to work” often causes a woman to be cautious of how she acts, making sure she is not feminine or that she does not cause trouble or repercussions. But, that is not all sexism is doing, often times women face discrimination at workplaces especially after entering motherhood.
According to Metz (2011), women are being deprived of opportunities and being squeezed out of organisations due to preconceptions about their dedication to a long term role, based on outdated gender stereotypes. In general, women experience higher rates of harassment at work, compared to men(McLaughlin, Uggen and Blackstone 2012).
Despite legislation for equal opportunities, sexism is still evident in the workplace. Women have made great advancements in the workforce and have become an integral part of the labor market. They have greater access to higher education and as a result, greater access to traditionally male dominated professions such as law. While statistics show that women are equal to men in terms of their numbers in the law profession, it is clear however, that they have not yet achieved equality in all other areas of their employment. Discrimination in the form of gender, sex and sexual harassment continues to be a problem in today’s society.
Over the last several decades, great strides have been made when it comes to eliminating sexism and progressing towards gender equality. However, sexism is still ingrained in our everyday culture. This is evident in the fact that in 2017 women earn about 80 cents to a man’s dollar and are less likely to be promoted within the workplace. It’s an unfortunate fact the most women will experience some form of sexism throughout their lives. In this paper, I will address my personal experiences with both hostile and benevolent sexism, how the two forms of sexism differ, and how these experiences have affected me.
Martin Luther King Jr. once said “our lives begin to end the day we become silent about things that matter.” However, I will not be silent. Sexism is a thing of the past, present, and future. Women have never been seen as equal to men. This idea and concept affect how women carry out their lives. Women may act different or speak different just based on society's thoughts about their gender. In To Kill a Mockingbird by Harper Lee and in today’s society it is clear that because of women’s perceived “weakness”, men now dominate women legally, physically and financially.
There are many issues to consider in pregnancy discrimination. The well-being of the child, the well-being of the mother, employer/employee relations, as well as gender issues. There are however several State and Federal laws that protect people against pregnancy discrimination. Two of the Federal laws are the Pregnancy Discrimination Act and the Family and Medical Leave Act.
Federal and state laws protect the rights of pregnant workers and ensure that employers treat them the same as all other workers and that their work affairs remain free of prejudice in all areas of employment. Although highly publicized, pregnancy discrimination cases keep occurring by the thousands each year. At the forefront of pregnancy protection is the Pregnancy Discrimination Act (“PDA”) which amended Title VII of the Civil Rights Act of 1964 (“Title VII”).
For decades, history tells us a lot about sexism: women are deemed to be inferior to men. Since the 20th century, many women and feminist groups have protested to gain equal rights; these groups claim that—to a great extent—discrimination against women still exists in today’s society. But is this really true? Are women still heavily discriminated in the United States? Logic says otherwise—sexism might still be present today but it’s certainly not as bad as people claim it to be. The issue is much smaller than how feminists portray it.
There are several perspectives from which you can observe and approach this argument. The difference between protecting workers and discriminating against them falls into a gray area that is subject to interpretation. The two regulations that I will reference in this paper are the Pregnancy Disability Act and the Americans with Disabilities Act Amendments Act of 2008. I will also argue in favor of using the Family
The Civil Rights Act of 1964 also establishes that an individual can not refuse employment or a pregnant woman based on her pregnancy or prejudice of others. The employer can not single out pregnancy conditions to assume their ability to work. If she is unable to perform her job due to pregnancy, she must be treated the same way as with disabled employees and be provided with job stainability if gone on maternity leave.
With the rise of the modern age economic survival has become difficult for families based on a single income. This economic need along with modern attitudes toward gender equality has resulted in women being represented in the workforce in greater numbers. However, until the 1960’s women faced severe discrimination when trying to enter and maintain a position in the workforce. Often qualified women would be passed over for men with less experience and education. Employers were fearful that women were too emotional and were not equipped to handle the stress of the work environment. Also driving the decision to not hire or promote women was the concern over the additional health care expenses and leave time pregnant
Nice post Theresa Scully, your views based on the Pregnancy Discrimination Act of 1978, on hiring a pregnant woman, might not always be suitable for a small company. In most cases financial difficulties usually play a role with small companies choices of employees. If an accident happened to a pregnant woman while on the job, the cost would be unbearable, because it would not be just one person but two (unborn child). I definitely would not hire a pregnant woman to fill a small business’s blue-collar job position unless that position was a desk job or lite work. As an employer it is your duty or liability that the work environment is safe for all conditions of your employees. Pregnant woman whose performances are physically restricted from
Your research on the Young v. United Parcel Services Inc. case revealed the importance of employers to comply with Title VII. Indeed, pregnancy is a condition that a company cannot simply choose to ignore in the company’s policy. In addition, Hébert’s (2016) research reveals that the case also reveals critical details about the theory of law behind cases involving pregnancy. For example, the court actually disagreed with Young about the grounds of disparate treatment theory because the theory requires proof of discriminatory intent. While the court ruled in favor of Young due to the stringent test the situation created for UPS, Hébert’s (2016) claims the disparate impact theory provides better protection for pregnancy discrimination because
Some people say that sexism no longer exists in the workplace, yet only "19%" of women are in a presidential or chief position at work(Bomey ). Women are less likely to be hired for a job despite having all the qualifications, women earn less than men, and women are continuously harassed in the workplace. Despite the fact that women are capable to "perform with the same skill and success" as men, the issue of gender discrimination still continues to rise( ). In society, sometimes it can be difficult to recognize issues of sexism not only at work but in life. With the failure to realize gender discrimination and harassment in the world, educating people on the issue of sexism can make the workplace a success.
Gender discrimination is an unfavorable treatment based on gender. It causes the elimination of individual’s right and opportunity (Reeves and Baden, 2000: 2). Gender discrimination usually disadvantages women because women are considered inferior in society. Virginia Woolf states that gender discrimination is a result of the imbalance power between men and women (in Dobie, 2012: 114). Apparently, women have already suffered the discrimination since a long time ago.