Family Responsibility and Gender Discrimination
The workforce of today and tomorrow is growing with increasing size and talent from the female gender. The female often times has the challenge of changing roles in a flash. One minute she is a mother getting lunches ready, dealing with sick children, dealing with household jobs . . . the next she is an employee and often times a significant factor in a company.
Females have many challenges in balancing these varied roles. Male co-workers, supervisors and employers also have some challenges in this area. Recent court cases have illustrated some of the pitfalls in confusing family responsibility and ability to perform.
A mother and school psychologist had outstanding reviews prior to motherhood. She was denied tenure. A supervisor commented that he did not know how she could do her job with little ones.
The Federal second circuit agreed she had a claim as the comment making stereotype comments based on motherhood constituted sex discrimination.
A supervisor admitted that the female employee was qualified but was not considered for a promotion because of having children. A Wisconsin federal court awarded 7 figure damages.
A sales person charged that her supervisor would not give her a set schedule and made comments about his family not having childcare issues. He also was more critical of her performance than others. He commented that a woman with a family would always be at a disadvantage in performing her job. The court held she had a claim.
In summary, these cases are making it clear that using family status and family responsibility as factors in job decisions or treatment is another form of discrimination based on gender. In the construction business and even the unions in the construction industry, the male as the norm is an old tradition. It needs to go away.
Training is one of the keys for the HR managers to try to avoid such problems. Consider the following:
- Meetings with management personnel to educate them that comments like the ones mentioned in the above cases is taboo. Old attitudes can lead to dumb comments that can result in the company being punished.
- Emphasize in every evaluation no matter what the purpose that individual performance not stereotype needs to be the focus.
- Have the front line supervisors trained to listen for stereotype remarks by members of the workforce. Have them ready to act and educate in order to stop such comments.
- Make sure in every evaluation for hiring or promotions that any stereotype statement is challenged and ignored.
- Make sure there is a policy in the manual or records addressing avoidance of stereotype characteristics as any basis for any decision. Make sure all management at all levels have signed off on understanding and accepting this policy.
- Make sure the HR office is fast to act if it hears or sees any such bias remaining or developing. In a male dominated industry such as construction, changing these biases is not an overnight matter.
- Keep in mind that such bias can be evidenced by conduct and works by both men and women. I HAVE ALWAYS WONDERED IF BELIEVING ONLY MALES CAN BE GENDER BIAS IS ANOTHER FORM OF GENDER BIAS?








