Mother of Small Children Can Sue Employer For Gender Bias

Laws against job discrimination are intended to counter stereotyping workers based on their personal characteristics, such as gender or race.

In a recent court ruling, a woman claimed her employer repeatedly denied her job promotions because she was a mother with small children. She worked as a paralegal specialist for the Massachusetts Department of Transitorial Assistance.

Her employer argued the womans' claim should be dismissed because it was based on her parential status, not gender. Parental status, as you would guess, is not a protected category under Mass employment laws.

But a judge ruled the woman's claim was based on gender and her case could proceed.

The judge noted the woman alleged she was denied promotions based on the fact she's the mother of small children, and the stereotypical belief of her supervisors that she could not be both a hard worker and a good mother.

Remarks by supervisors on the incompatibility of motherhood and employment can be used as evidence of gender bias, the judge said, because they relate to gender, not parental staus generally. We at MG&A agree!


Mark Greene & Associates (MG&A)
Attorneys & Counselors at Law
Assinippi Village, Hanover, MA
www.MarkGreeneLaw.com
Mark@MarkGreeneLaw.com