YOUR BABY OR YOUR JOB: YOU SHOULDN’T HAVE TO MAKE THIS KIND OF CHOICE

Women now make up more than half of the workforce, and 60 percent of the mothers of children under the age of three now work. The income these women earn is crucial to the economic well-being of many families. Gender-based stereotyping of female caregivers can affect employer’s decisions with regard to whether to hire or promote women. If you didn’t get the job you believed you were qualified for or did not get the promotion you felt you deserved because of gender discrimination, seek the services of a discrimination lawyer in New York City.

Discriminatory stereotyping based on gender roles

It is unlawful to treat a female employee less favorably because of the gender-based assumption that she will undertake caregiving responsibilities or that these responsibilities will hinder her ability to work effectively. Employment decisions based upon the assumption that women caregivers cannot or will not fulfill their job responsibilities violate Title VII of the Civil Rights Act of 1964. These assumptions include:

  • Mothers of young children will not want to work or will not be able to work protracted hours.
  • Once she has a child, a new mother will become less committed to her work.
  • Female caregivers working part-time or flex-time schedules are homemakers who are not as committed to their jobs as full-time employees.
  • Female employees, even those who have no children and are not pregnant, are less dependable than their male counterparts because of the role that women are expected to assume with respect to childcare responsibilities.
  • A working mother would not want to move to another city, even if staying behind meant giving up a raise and a promotion.

Employers that make an unfavorable employment decision based upon gender-based assumptions such as these, rather than the actual performance or qualifications of the employee, have violated Title VII of the Civil Rights Act of 1964. A New York City gender discrimination attorney has the knowledge, skills and experience needed to analyze your circumstances and determine whether you are a victim of gender discrimination.

Signs of discrimination based on gender role stereotyping

To determine whether gender-based discrimination took place, the following questions can be asked:

  • At the interview, was the applicant asked whether she is married and has children or about how she manages her childcare responsibilities — and was a male candidate asked the same questions?
  • Did the boss, supervisor or manager make insulting comments about pregnant employees or discuss stereotypes connected with working mothers or female caregivers?
  • Did the boss treat an employee differently than other employees after the boss realized that the employee was pregnant or had taken on caregiving obligations, even though there was no change in her performance at work?
  • Did female employees with no children and no caregiving obligations get more responsible jobs and better pay than female caregivers based on assumptions about their greater commitment to their work?

Discrimination claims must be made in a prompt fashion — so, it is best not to delay. Consult an experienced attorney at the Akin Law Group to determine how you can file a claim.