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Is Maternity Leave a Form of Employee Discrimination...?


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Old 8th May 2013, 1:12 PM   #31
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For what it's worth, the most dangerous discrimination lawsuit an employer can face is one alleging pregnancy discrimination. You'll have more pissed off jurors than just about any other case.
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Old 8th May 2013, 1:17 PM   #32
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Originally Posted by Got it View Post
Maternity leave and Paternity leave are not government mandated rights, i.e. paid leave. What the US says is if you are pregnant you fall into the rights of FMLA and ADA. So your position is protected while you are out for a multiple array of medical reasons and or accommodation.
Correct. You are protected as though you have a temporary disability.

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Some companies agree to put in maternity and/or paternity leave which will give time off for an individual that is having or adopting a child and will consider it paid leave.
Very few companies these days actually offer paid maternity and/or paternity leave. They allow unpaid leave, or allow you to use sick, vacation, PTO, personal holidays, etc., to obtain compensation for the period of time you're out.

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A company is not required to offer equal benefits for all employees, they are expected to not discriminate negatively against one on a protected class. They can discriminate positively towards those in a protected class.
The bolded is INCORRECT. A protected class means a protected class: white/black, male/female, disabled/NOT-disabled, Christian/Atheist. You cannot discriminate against or in favor of an employee based on their protected classification. Period.

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Originally Posted by Got it View Post
Some states do recognize sexual orientation so in those states it is illegal to discriminate if one is gay. But at this time it is not recognized on a Federal level.
This is ALSO INCORRECT and has been since 2011:

http://www.eeoc.gov/federal/otherprotections.cfm

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Old 8th May 2013, 1:48 PM   #33
 
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Feelin Frisky

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Originally Posted by Feelin Frisky View Post
If it's discrimination it's justified, acceptable and traditional. In this day an age where people are screwed out of pensions, take cuts in pay, have to pay way more on health insurance premiums and so forth, the continuation of paid maternity leave is a precious thing. I worked in a firm for almost 20 years and saw many women go on maternity leave and get showered with gifts. I admit a little envy because no one fussed over me like that but I never took it as discrimination. I hope no one tries to challenge this because there are already too many heartless businesses who would be gleeful about taking away this time-honored privilege.

You are the best. Very well said. That's the post of a person who is not selfish.
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Old 8th May 2013, 1:55 PM   #34
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I think the EEOC stratched waaaaaay too far in it's reasoning on this one.

And I think Got It is a lawyer, though I may be mistaken.
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Old 8th May 2013, 2:32 PM   #35
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I think the EEOC stratched waaaaaay too far in it's reasoning on this one.

And I think Got It is a lawyer, though I may be mistaken.
Even so, it's the current state of the law.

And if GI is a lawyer, they need a refresher in employment law. You can't discriminate IN FAVOR of someone based on a protected class. You just can't.
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Old 8th May 2013, 2:50 PM   #36
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I would take your company's voluntarily offered maternity leave as a sign that your company invests in its workers. It is more likely that if you are diagnosed with cancer or a chronic illness, that they will stick with you through treatment, as long as possible, rather than the federally mandated minimum. It can happen...it happened to one of the healthiest people I know (competitive in pro-am tennis, active, smart as a whip). Congratulations; you work for a good employer.

Ok so maybe not as great as a big pile of money, but still:
https://www.youtube.com/watch?v=cMuam1MObtI

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Old 8th May 2013, 3:38 PM   #37
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I do not think maternity leave is a form of discrimination. Discrimination is allowing employees (or people with kids) to leave early from work or take all kinds of days off and get paid the same as someone who was at work all day with the extra load. Most women who receive maternity leave only receive a fraction of their pay. You can also look at it being similar to a medical leave. You obviously do not want to go into labor and delivery at work and many pregnant woman also have complications during those last months. My MIL's husband took medical leave to care for her while she is sick and dying with cancer. As long as everyone is entitled to these rights, I don't see maternity leave as discrimination.
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Old 8th May 2013, 4:10 PM   #38
 
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Those are male choices too

I know it's very old fashioned - but my husband - guy I married - would be involved in the process too. A child is an 'our' - not a 'my'.


I guess because I'm seasoned in my career and I paid my dues for 18 years . . . If I go on maternity leave - suck it up. I did my time of 14 hour days, working on Christmas eve, covering for other people when their spouse has cancer or in one case -they did. . . .

Should we just get rid of some 44 year old who has lung cancer because it was his choice to smoke those cigarettes? I mean - the nerve to think we should be inconvenienced by that guy's personal choice to smoke. I mean the nerve - having to cover for him while he got chemo and whatnot.

A personal choice for a couple to bring a child into the world or a personal choice to smoke cigarettes and give yourself cancer. I don't see the difference.
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Old 8th May 2013, 7:30 PM   #39
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As someone who was on maternity leave I will say that wasn't much "preferential" about it. My company made it difficult, they didn't pay me, and it was pretty hard to get back in the "swing of things" when I did come back. Plus I was taking care of a newborn baby all by myself while my husband was at work. I ended up quitting my full time position because of the hassle they gave me.

Maternity leave isn't just some elective fun vacation that you get while everyone else in the company is hard at work.
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Old 8th May 2013, 7:37 PM   #40
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As someone who was on maternity leave I will say that wasn't much "preferential" about it. My company made it difficult, they didn't pay me, and it was pretty hard to get back in the "swing of things" when I did come back. Plus I was taking care of a newborn baby all by myself while my husband was at work. I ended up quitting my full time position because of the hassle they gave me.

Maternity leave isn't just some elective fun vacation that you get while everyone else in the company is hard at work.
It's hard for every mother to get back into the swing of things upon returning to work from maternity leave. That's not the company's fault.

Taking care of the baby at home while other people are working... That IS what maternity leave is all about.
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Old 8th May 2013, 7:43 PM   #41
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It's hard for every mother to get back into the swing of things upon returning to work from maternity leave. That's not the company's fault.

Taking care of the baby at home while other people are working... That IS what maternity leave is all about.
I was making a point SG...
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Old 8th May 2013, 7:54 PM   #42
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Originally Posted by USMCHokie View Post
And why would people cry discrimination if an employer chooses not to hire a woman of child-bearing age so that he wouldn't have to deal with paying for an employee that contributes nothing while she's on maternity leave?
Typical individualistic perspective. They DO contribute to society by supporting social security of old people - and to the businesses by popping out the future consumers and customers.


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causing an undue burden upon myself due to handling part or all of their workload
That's the only bad thing about maternity leave, paid leave etc. Mothers with children call in sick more often, it's a FACT, and so all her co-workers have to do their jobs.

In my opinion, mothers shouldn't work at all until the children are 10 or so. Why the **** do you even have children in the first place if you don't want to take care of them and would rather be slaving away for your boss instead of caring for them and nurturing them?
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Old 8th May 2013, 7:58 PM   #43
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Typical individualistic perspective. They DO contribute to society by supporting social security of old people - and to the businesses by popping out the future consumers and customers.




That's the only bad thing about maternity leave, paid leave etc. Mothers with children call in sick more often, it's a FACT, and so all her co-workers have to do their jobs.

In my opinion, mothers shouldn't work at all until the children are 10 or so. Why the **** do you even have children in the first place if you don't want to take care of them and would rather be slaving away for your boss instead of caring for them and nurturing them?
I don't enjoy calling off if my son is sick. In fact I HATE it. I have to reschedule my clients and it puts me behind. It's not some free "day off."

Not everyone has the financial luxery to stay home long term...

Have some kids and your opinion will change, I assure you.
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Old 8th May 2013, 8:05 PM   #44
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Have some kids and your opinion will change, I assure you.
No, because I only will have kids if I can stay at home.
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Old 8th May 2013, 8:11 PM   #45
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No, because I only will have kids if I can stay at home.
You'll need to find a rich husband then...
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