Working Moms on the "Mommy Track" . . . btw, it's illegal

Some employers hold stereotypical beliefs that working moms cannot be good mothers and good employees because their family responsibilities will trump their work duties. These beliefs can result adverse employment decisions—sometimes called the maternal wall or the mommy track—that limit the employment opportunities of working moms. My hunch is that many Biznikers have seen this happen over the years, and it has probably happened to many working moms you know and love.  I for one know a working mom attorney or two that were put on the mommy track at their law firm, and this had predictably limiting results at the firms where this occurred. Perhaps this is the reason you or the working mom in your life started their own business in the first place. Adverse employment actions based on gender stereotypes, even if well intended, violate the laws that prohibit gender discrimination. For example, an employer might deny a promotion on the good faith assumption that their working mom employee would not want to relocate to another city, even if it would mean a promotion. Another common example is the employer that delays a promotion to a working mom when they return from maternity leave because the new mom has to "prove herself" now that she has added family responsibilities. This rarely (if ever) happens to new dads. Employment decisions based on stereotypes like this are illegal under Title VII of the Civil Rights Act of 1964, and most state anti-discrimination laws. Unfortunately, however, this has occurred too frequently over the years.  Indeed, the United States Supreme Court acknowledged in a 2003 decision that the "gender stereotype . . . that women's family duties trump those of the workplace . . . has historically produced discrimination in the hiring and promotion of women." The Equal Employment Opportunity Commission issued a new Best Practices Guidance Paper on April 22, 2009, that encouraged employers to develop polices that describe the common stereotypes or biases about caregivers that may result in unlawful conduct. The EEOC included the following as what not to do examples: <ul> <li>assuming that female workers’ caretaking responsibilities will interfere with their ability to succeed in a fast-paced environment;</li> <li>assuming that female workers who work part-time or take advantage of flexible work arrangements are less committed to their jobs than full-time employees;</li> <li>assuming that male workers do not, or should not, have significant caregiving responsibilities;</li> <li>assuming that female workers prefer, or should prefer, to spend time with their families rather than time at work;</li> <li>assuming that female workers who are caregivers are less capable than other workers; and</li> <li>assuming that pregnant workers are less reliable than other workers.</li> </ul> Read the list above and test your beliefs. If you are an employer, a manager or a supervisor, you are well advised to obtain a copy of the EEOC's new <a href="http://www.eeoc.gov/press/4-22-09.html">Best Practice Guidance Paper</a> and read it carefully. You may also want to consider training on this issue. On the other hand, if you are a working mom that has hit the maternal wall or has been put on the mommy track, you may also want to review this new EEOC Best Practices Guidance Paper yourself so you can better understand your rights and find examples that may be helpful to you. 2009-04-27T22:56:34Z

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working-moms-on-the-mommy-track-btw-its-illegal

2009-05-03T20:23:19Z

2009-05-03T20:23:45Z

This Biznik article is directed to working moms and those of us who have known and loved a working mom or two in our lifetimes.

Working Moms on the "Mommy Track" . . . btw, it's illegal

2009-05-04T00:23:19Z