Tag Archive for: discrimination

Guest contributed by Sarah Landrum

mothers

Image via Shutterstock

Many women are faced with the struggle of feeling like they need to choose between family and career. Unfortunately, the feeling that new mothers are unable to perform their duties goes further than just a societal stereotype — it’s a sentiment that infests businesses at all levels.

New mothers or expecting mothers face all kinds of discrimination in the workplace, holding them back from achieving their career goals, even though these acts of discrimination may be illegal.

Understanding what kinds of discrimination a new or expecting mother may face is important for any woman hoping to grow her family and her career simultaneously. Whether you’re hoping to have a child soon or you’ve just had a baby, here are a few of the most prevalent forms of discrimination – and what you can do to fight it.

  1. Pregnancy Discrimination and Work Advancement

Under the Title VII of the Civil Rights Act, employers can’t legally discriminate against job applicants or employees based on race, gender, sexual orientation, ethnicity or age. Under this law, pregnancy is considered a form of gender discrimination.

Despite this protection, almost 31,000 women had to file pregnancy discrimination complaints with the Equal Employment Opportunity Commission between the years 2011 and 2015.

With pregnancy discrimination lawsuits making up over 18% of the EEOC’s Title VII suits in 2014, it’s important to know what constitutes pregnancy discrimination. If an employer is refusing to hire or promote a pregnant woman or has fired a woman for being pregnant, these are all forms of pregnancy discrimination.

What many women don’t know is that this includes failure to accommodate pregnancy, not allowing women to pump at work or retaliating against pregnancy employees. Most states require companies to provide reasonable accommodations to employees based on the needs of pregnancy, childbirth or related medical conditions. This may include providing a stool for employees who typically stand during the day or even moving an employee’s desk closer to the bathroom.

  1. Pregnancy Discrimination and Harassment

Women face many different kinds of harassment in the workplace, and harassment over pregnancy isn’t that much different. Pregnancy harassment is a form of sexual harassment, which is illegal and should not be tolerated. People like to talk about pregnancy, but if that discussion crosses a line into how you became pregnant or implies anything negative about you for becoming pregnant, it becomes sexual harassment.

Harassment can come from many different places, including from clients, customers, employees, supervisors and coworkers. No matter where the harassment is coming from, be sure to follow the proper steps to file a sexual harassment case at work.

  1. Pregnancy Discrimination and Maternal Leave

The Family and Medical Leave Act (FMLA) gives new parents 12 weeks of job-protected time away from work after having or adopting a child, though it is unpaid. During this 12 weeks, your employer is not allowed to permanently fill your position or they must be able to offer you an equivalent position when your leave is over.

This law doesn’t cover everyone — only 55.9% of workers are covered under FMLA. That means almost two in five women do not have any federally protected maternity leave.

For women serious about advancing their career, it is tempting to take a short maternity leave and get back to work quickly. While this is fine for some, others may find it can have negative consequences on their health and some infants have higher needs at birth than others.

  1. Pregnancy Discrimination and Short-term Disability

In situations where women aren’t covered by FMLA, taking short-term disability offers a way to take time off work for pregnancy and post-natal care. You don’t have to have a pregnancy complication or be unable to do your duties in a traditional sense. It may feel like a misnomer to pregnant women who aren’t disabled, but it can offer the necessary time-off that is legally protected.

Women may face discrimination in the workplace from needing to take this short-term disability leave either for a traditional pregnancy or one with conditions or complications related to their pregnancy or for the labor and delivery itself.

Businesses can’t treat short-term disability leave for pregnancy differently than another employee taking short-term disability for an illness, the care of a sick family member or another condition. If a woman returns to work after having her child and is fired, demoted or retaliated against for taking time off, these may be forms of discrimination.

With 42% of household breadwinners being mothers, it feels like we’re moving in the right direction to becoming a society that accepts women who are both mothers and professionals. But for those who dream of having both the family and the career, there are still many challenges they may face day-to-day.

Advancing your career and growing your family depends on knowing the signs of discrimination and the various laws protecting women and their right to procreate. If you feel you’ve been passed over for a job, ignored for a promotion or even penalized for wanting to become pregnant or becoming pregnant, be sure to follow the proper protocols for making a discrimination case.

To begin creating your case, talk with the HR department. They should be ready and willing to point you in the right direction of forms, paperwork and other important pieces of filing your claim. If you’re unable to talk with your HR department or they are unhelpful, you can go straight to the EEOC.

Disclaimer: The opinion and views of Guest contributors are not necessarily those of theglasshammer.com

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By Aimee Hansen

Every June is celebrated on the diversity calendar as Pride Month in many corporations and we also like to update you on the progress being made for LGBT professionals and shine a light also on how straight allies can help advance talented individuals who may identify as LGBT in your office.

Out Now’s LGBT 2020, the world’s largest LGBT research project, puts a $9 billion a year cost on not paying attention to this issue. That’s how much the US economy could save if organizations were better at implementing diversity and inclusion policies for LGBT staff, or to make it clear, if LGBT employees felt more comfortable.

The “LGBT Diversity: Show me the business case” research measures the financial savings for companies who foster an inclusive work culture where LGBT employees are comfortable to be themselves. The research reveals that LGBT staff who are open with all co-workers about their sexuality are significantly more likely to stay in their job than those who are not out to anyone at work, creating a rewarding staff retention dividend.

Ian Johnson, Chief Executive of Out Now, says, “This report for the first time enables companies to see exactly why investing in a more equitable and supportive workplace for everyone is a sound business investment that demonstrates solid returns.”

Corporate Culture is Key

The degree to which formal corporate LGBT diversity & inclusion policies are effective may come down to how well they are truly reflected informally within the corporate culture.

The aforementioned LGBT2020 study found that among a diverse range of workers in the USA, 38% were out to everybody (and more likely to strongly disagree with leaving their job in the near future) while 35% of people were out to nobody or a few trusted people.

The researchers saw a 6% drop in those “out to all” (38% vs 44%) over the last two years, stating “This represents a significant and worrying fall, especially when LGBT workplace diversity has been placed on the agenda of an increasing number of larger US companies during this time.” They speculate this could reflect a toning down related to the saliency of marriage equality being pitched against religious beliefs. Half of those LGBT employees surveyed reported overhearing homophobic comments at work.

Being fully out correlated with a 30% productivity benefit. Among USA employees “out to all”, 67% strongly agreed they were “respected as a productive and valuable team member.” But among those “out to no one”, only 38% felt so.

When it came to feeling that coming out could impact upon future promotions in the workplace, 24% of lesbians, 30% of gay men, 40% of bisexuals, and 55% of transgender employees agreed. And while 80% of employees rated diversity policies at their next company as fairly or very important, only 45% would feel comfortable to ask about those policies in an interview. That highlights the subtle difference between corporate policies and corporate culture.

Discriminative Nuances of the Corporate Closet

The LGBT 2020 statistics echo the findings of HRC’s Cost of the Closet survey of 800 LGBT workers. This research reported an “invisible workforce” of 53% of LGBT employees “having to hide in plain sight”. The study showed that employers are losing talent and engagement due to “treatable problems with workplace environment or culture.”

The study identified overseen dynamics that contribute to social exclusion, since work culture largely consists of informal conversations and cues: “The primary influences on workplace cultures are so ubiquitous, they are almost easy to miss.”

For LGBT employees, daily non-work related conversations about weekend and dinner plans and photos on your desk create an identity-related dilemma. While “81% of non-LGBT respondents feel that LGBT people ‘should not have to hide’ who they are in the workplace,” the reality is that “less than half of non-LGBT employees would feel comfortable hearing LGBT workers talk about dating.”

So it’s no surprise that 35% of LGBT employees felt compelled to lie about their personal lives, many reporting exhaustion and distraction.

The researchers reported, “This double standard emerges in our study, where frequent personal conversations occur among coworkers, and LGBT employees are receiving the message that their contributions are not welcome, or worse, inappropriate. In fact, 70% of non-LGBT workers agree that ‘it is unprofessional’ to talk about sexual orientation or gender identity in the workplace.”

While sharing is an intrinsic part of any corporate culture, not everyone’s sharing is received equally: “When sharing the same day-to-day anecdotes with co-workers, LGBT people are seen as over-sharing, or forcing their ‘lifestyle’ upon co-workers.”

Missing Out on Networks

An Italian study found a culture of silence, “prevents LGBT employees from constructing a work identity which encompasses their sexual identity and prevents the organizations from achieving their aim of being fully inclusive workplaces.” It would appear so does a cultural of cues of subtle disapproval.

The HRC researchers point out that not being able to be open at work “can isolate a person and erode valuable rapport with co-workers, managers and would-be mentors.” Some of the top reasons for not coming out include making co-workers feel uncomfortable or losing connection with them, but when LGBT employees feel compelled to hide their lives, they are already cut off.

This matters to career development. LGBT employees risk being excluded from informal networks that can lead to career advancement, the invisible channels through which individuals build trust and rapport with colleagues and get noticed for sponsorship and advancement by senior management. This kind of social exclusion doesn’t require official discrimination, just the right amount of invisible cues and signals.

Corporate Non-Discrimination Policies Are Improving

The Corporate Equality Index compiled by the Human Rights Campaign (HRC) for 2015, the national benchmarking tool on LGBT corporate policies and practices, reports that a record 366 businesses (20% increase on 2014) have earned a top score of 100 percent and distinction of “Best Places to Work for LGBT Equality.”

The criteria is based upon equal benefits for same-sex partners and spouses, ending benefits discrimination for transgender employees and dependents, firm-wide organizational competency on LGBT issues, and public commitment to the LGBT community.

This is nearly double the companies who earned that ranking three years ago in 2012 and the report notes that transgender progress is greatest – with a rising number of companies offering healthcare, transition support, and gender-identity non-discrimination.

Federal Non-Discrimination Policies Are Lacking

Chad Griffin, President of the HRC Foundation, remarks there’s still a long way to go. “Despite 66% of all Fortune 500 companies now including gender identity in the employment protections, we know that this does not always translate into everyday inclusion of the transgender community. While many companies are leading the way, our nation’s federal non-discrimination protections are lagging behind. Critical cultural shifts need to take place to foster greater inclusion.”

This is true for LGBT inclusion broadly. Sarah McBridge at the Center for American Progress, introducing her co-authored We The People report for governmental LGBT non-discrimination, illustrates the atmosphere of uncertainty for LGBT employees: “In 14 states, individuals can legally marry their same-sex partner on Sunday and then legally be fired from their jobs on Monday simply for exercising that right.”

It turns out that “out and proud” are valuable words indeed. The opposite is costly both to LGBT individuals and to organizations.