Extra, Extra, Read All About It: Pregnancy Bias Is Unlawful

For a long time, an employment decision based on pregnancy has been against the law. It violates the Pregnancy Discrimination Act, which is part of Title VII of the Civil Rights Act. Apparently, it’s not as well know as I thought, or employers continue to ignore the law, at least according to the Equal Employment Opportunity Commission.

The EEOC has recently filed suit on behalf Stephanie Mason against a restaurant chain, alleging that Ms. Mason was denied a job because she was pregnant. In EEOC v. El Palacio Mexican Restaurants, Inc., 3:10-cv-08 187-PHX-PGR, U.S. District Court, Arizona, the EEOC says that after the hiring manager interviewed Ms. Mason and learned of her previous restaurant experience, he offered her a job. He gave her a handbook and a menu. He told her to obtain a food handler’s card and uniform pants and shoes and to make copies of her driver’s license and social security card. He gave her a tour of the restaurant.

The next day when Ms. Mason returned, after buying her uniform and applying for a food handler’s card, to complete an I-9 and tax documents, she inquired about the restaurant’s pregnancy leave policy. The hiring manager asked if she were pregnant. She said yes. He excused himself, made a call, and returned to tell Ms. Mason that the position had already been filled. Two non-pregnant employees were then hired.

I don’t know whether these allegations are true, but if they are, the hiring manager hadn’t been given any training on the basics of employment law, and he surely didn’t call HR when he excused himself to use the phone. An employer can’t do what the EEOC alleges was done in this case. Even if the hiring manager hadn’t gone through the routine described above but had begun by asking Ms. Mason whether she were pregnant, that too would have been a violation of the law.

1. 

   Nae says:

   November 8, 2010 at 11:23 am

   I am surprised this manager was so obvious. However, I am not surprised that they decided they didn’t want her. People often forget the law when they are faced with a hassle or problem. I am sure that is how this manager saw the employee (a hassle down the road). It is sort of like ‘a little’ speeding. People drive 5-10 miles over the speed limit all the time and don’t consider themselves as lawbreakers. They aren’t out to hurt anyone, everyone is doing it, and as long as they don’t get caught… I am sure this manager thought the same thing. She could work elsewhere and it would be more convenient for him.

   Many employers discriminate against pregnant women, or against people who are just different from themselves. They get away with it because as long as they are not obvious, and keep their thoughts to themselves, no one can call them out on it.

   It’s not enough to have laws out there against unfair discriminiation. We need to also work on changing people’s mindsets and belief systems. Until we manage that, we will continue to see this kind of discrimination. As you know though, that is much easier said than done.
2. 

   John Phillips says:

   November 8, 2010 at 3:09 pm

   Nae,

   Terrific thoughts. Thanks for adding them.

   I still wonder if the manager talked with HR. Even if he did, he may not have told them how far he had already gone in the hiring process. It’s not unheard of for HR to do the wrong thing, of course, but in this kind of situation, if HR doesn’t stand up for what the law says and what is right, no one will.

   John