Candace Parker and Pregnancy Discrimination

Candace Parker is pregnant. She’s between her rookie and second seasons with the Women’s National Basketball Association. She was named the WNBA’s most valuable player as a rookie. Since leaving the University of Tennessee and joining the Los Angeles Sparks, Parker has been the face (she’s beautiful) of the WNBA’s marketing campaign and is expected to help take the league to new heights.

Parker is an amazing player. When she played with the Lady Vols, she played center, forward and guard. She’s smooth, quick and confident. She was the first woman to dunk the ball in the NCAA tournament while at Tennessee. Last year, she led the Lady Vols to their eighth NCAA title, the U.S. Olympic team to a gold medal, and the Sparks to the Western Conference finals. I know this sounds sexist, but she’s the only woman I’ve ever seen play like a man.

Parker’s pregnancy has the WNBA bummed. A pregnant Parker may not be as good a face for the league. Some say her teammates are upset. Fans think she’s ”selfish” for becoming pregnant while under a pro basketball contract. Parker is due in the spring. The WNBA season begins in June.

So, will she play? Will she play like she did last year? Will she struggle between playing and being a mom? These questions are, of course, asked about pregnant women in the more traditional workplace, particularly high profile women.

These questions aren’t supposed to be asked, as they smack of unlawful preganancy discrimination. But women know they’re asked. Consequently, many professional and executive women put off having children so they can continue to move up in their career without interruption.

So, should there be a no-pregnancy clause in a female athlete’s pro contract? Should professional and executive women who become pregnant be placed on a different track from their male counterparts who continue to work and make money for their employers? Should any female employee who becomes pregnant be penalized for dropping out of the workforce for a while to have the baby and bond with the newborn?

The quick answer to these questions is no, although there may be some nuanced situations that could be considered. For example, some employers, with the female employee’s agreement, sometimes place a female employee on the so-called “mommy track” to allow her to keep working with the understanding that she will be working at a different pace from her male counterparts, that her career won’t advance as quickly while she remains on that track, and that she will make less money. You need legal advice before you go down the “mommy track.”

Some will argue that the law on pregnancy discrimination is unfair. Men have heart attacks, cancer, diabetes, etc. and may be out so long that they lose their jobs. Three points are worth noting here. First, it’s not uncommon for a male, particularly one pretty high in the food chain, to be given as much time as he needs to recover. Second, women may also have these diseases and have to miss long periods of work. Third, employees with these diseases may be protected by the Americans with Disabilities Act, particularly since the ADA Amendments Act is now effective.

Pregnancy is a bit different from other conditions. Women are the only employees who get pregnant. There was a time when pregnancy ended a career, because there was no law on pregnancy discrimination. When the Pregnancy Discrimination Act was enacted, it was decided by Congress that with so many women in the workplace (put another way, so many families who needed two incomes to make ends meet) that women who became pregnant should be protected from discrimination.

In the 21st century, calling female employees who have children irresponsible, selfish, or not good for business is a bit disconcerting, not to mention illegal. We often talk and hear talk about family values. That means different things to different people, but whatever it means usually involves children. Although we have a pregnancy discrimination law, the U.S. is one of the few countries in the industrialized world that doesn’t provide more in the way of benefits to pregnant employees to make it easier for them to have a baby and then go through a bonding period.

When the WNBA Commissioner regained her composure after learning that Candace Parker was pregnant, she realized that this issue involved something much bigger than pro basketball, and she reflected on how women in all workplaces struggle with when or if to start a family. “Here she is, front and center, and people are discussing the timing of her reproductive life. That’s a very public discussion that hasn’t happened before. I do think that’s a good thing for women who go through these issues often in silence or alone. Candace can be a very usable symbol of how you can have a family and a career.” 

This is an issue that could use some thoughtful discussion in every workplace. Like discussing race relations, discussing pregnancy and its impact at work can be a delicate thing to pull off effectively. Just as Barack Obama makes it a little easier to have the race relations discussion at work, maybe Candace Parker will make it easier to have the pregnancy discussion.

1. 

   Helen says:

   January 29, 2009 at 8:51 pm

   You’re right, it does need some thoughtful discussion in the workplace AND home — as in, who’s working AND doing most of the house work.

   For what it’s worth, the League has a history of “dealing” with pregnancies — Sheryl Swoopes, for instance, in 1997 when the league started. Tina Thompson, Helen Darling, etc. etc. That Orender stumbled is, in my opinion, more of a reflection on her than the League as whole.

   I do appreciate that the NCAA has *finally* come out with some resources and policies:

   http://title-ix.blogspot.com/2008/11/ncaa-releases-resources-and-model.html
2. 

   ACU Frank says:

   January 30, 2009 at 11:38 am

   I realize it’s a different sport with different physical demands, but marathoning has had many pregnant or “new mother” competitors who have done quite well.
3. 

   Mia Caldwell says:

   March 13, 2009 at 8:41 pm

   ha candice um i dont care wat those reporters think because u r a awesome basketball player.