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| *Ostroff, Fair and Company>>>Law & Legal |
Job interview - discrimination? |
My partner and i have a 9 month old child, and my partner recently went to an interview for a part time job at a local supermarket, during the interview, the interviewer told my partner she had seen a lot of new mums coming back to work after having a baby, and they only seem to last a month or so, because they leave thru missing their baby too much. subsequently, my partner did not get the job. I am a little annoyed at this, because i feel that the reason is because of what the interviewer said in the interview. Can this be classed as discrimination? What can be done about this? if anything. Yes this is discrimination, however, how do you prove it. When in a job interview, try not to mention anything of a personal nature including marital status, children, religion, hobbies etc. If you do have to talk about it, choose your words carefully. If they ask your age or your parental status, you might respond with this question: Why do you need to know?" If they press the issue at that point, you may have more ammunition for filing a discrimination suit. Incidentally, you do not always need a lawyer for discrimination suits. Discrimination as defined by law is spelled out in the Equal Rights Amendment. If a company discriminates against someone, the US Department of Labor, Equal Employment Opportunity Commission will determine the merits of the case and pursue a settlement if warranted. If the EEOC does not find discrimination, you probably don't have a strong case. Greedy lawyers will tell you differently. If the EEOC Source(s): Retired HR Manager They would only argue that she was not suitable for the job - personally I think when females have kids they should stay at home and bring up the kids and not work. I went for an interview for a promotion in my old job at a college and was told I was not suitable for the job because, at 25, I'd soon be wanting to settle down and have a family. I made a tentative look into complaining about this as I felt I had been discriminated against but the general feeling was I'd have no proof this was why I didn't get the job. I assume the same would apply to your partner too. You'll prob find the potential employer has covered their back too and will claim your partner wasn't suitable for reason x, y or z but none of them will be because she's a mum despite what was said in the interview. Take comfort she didn't end up working for a prejudiced company who could make it difficult if your little man/girl ever falls poorly etc. I ended up getting a better paid job at a different college at the level my promotion would've been at! Hopefully a similar thing will happen for your partner!! Yes, theoretically, if terms said could be proven and implied. However, it is not against the law to discriminate, but only to prejudge - hence prejudicial. E-opps allows discrimination on any grounds except not solely on those grounds. And it is a selection managment tool, for employees. At an interview you are not an employee as yet. E-opps is for promotion / assignment by managment, not for the selection stage - though any terms can later form part of a second contract. Much myth surrounds discrimination law...a lot meaning that courts will enforce a person's rights....tears later via european courts...when most people will have left their job anyway!! Refer to ACAS. Chartered Manager, and trainer in E-Opps A job is work to be done.Employers conduct interviews to choose the best value for their money.It is not discrimination against new mothers.She would have to convince them that she is available to do the job with little distractions.Hard luck that she does not fit there! |
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