Stereotyping about ability of mothers to balance work and home is gender discrimination
April 27, 2004I’m slowing down a bit in my posting this week due to a major motion deadline Friday. Apologies. Will try to do major catching up next weekend (in between basement cleanup following nasty flood experience this past weekend), so stay tuned.
Meanwhile, here’s a story I’ve had backlogged for a couple of weeks.
Mark Hamblett writes for the New York Law Journal: “A Decision Pregnant With Meaning; Motherhood stereotypes count as bias, 2nd Circuit rules”
Stereotyping about the qualities of mothers and their ability to balance work and home is a form of gender discrimination, the 2nd U.S. Circuit Court of Appeals ruled . . . in Back v. Hastings on Hudson Free School District, 03-7058.What to say?
The [plaintiff] . . . claimed that her superiors launched a campaign to deny her tenure after making several comments about her commitment to the job when she returned to work after having a baby. . . . [T]wo superiors repeatedly questioned whether she would be able to work a full day . . . . One allegedly said “she did not know how she could perform her job with little ones” and it was “not possible for [her] to be a good mother and have this job.”. . . Read more
First, it is certainly possible that a new mother experiences performance problems resulting from the work/home conflict. But assuming this will inevitably occur is biased stereotyping and destructive to womens’ employment opportunities.
If there is evidence it may be occurring, what is important is not the “why” (e.g., because of distraction due to responsibilities/concerns for the baby such as constant phone calls to caregivers), but the “what” (e.g., excessive personal phone calls). Deal with it as a performance issue like any other. New mothers are not entitled to special treatment (other than FMLA or state-mandated leave).
How could you prevent or defend against such biased stupidity as your managers making such comments? Push actual decisionmaking responsibility up higher or to HR, so such discriminatory comments can be characterized as “stray remarks” unrelated to the decision. And train, train, train.
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