Background: Yesterday Judge Preska ruled that Bloomberg LP did not illegally discriminate against pregnant women by not treating their conditions more leniently in regards to leave. While some decried the decision as a great blow to life-work integration, it seems the judge was only following the law, according to employee side employment lawyer Piper Hoffman. However, the judge then made the mistake, according to Hoffman, of suggesting that maybe it would be better if employers treated pregnant women better.
My Reactions: As a mother, a wife, a professional, an employer, an advocate for children and an advocate for women, I think I can say with a fair degree of certainty that once again the legal system has failed to solve what is essentially a societal issue. And I think the judge’s comment was right. Let me explain.
In the US, little value is placed on our children. Living in poverty, receiving less healthcare support, and too often shuttling between parents who no longer are together, they are clearly not the center of our collective attentions. They have no vote, no organization, and few who advocate for them. Doesn’t sound fair.
Play that against the woman, who bears the child. In most instances, she is the primary caregiver, with (or often without) the help of the father or other supports. Doesn’t sound fair.
Take the employer, responsible for jobs and keeping our economy going. As one, I want my staff to give their all every day, never get sick, and live for my medical practice. Doesn’t sound fair.
The truth is that not everyone’s legal interests can be represented at the same time. So as I have come to believe, not laws but societal attitudes and a culture that values children is the key to our “liberation” as women whose biological imperative is to carry new life. Our future rests on these children. And their mothers. We need the women in the workforce and we need them as mothers bearing the next generation.
So at taking the risk of disagreeing with Ms. Piper, the judge had the courage to suggest that the law is flawed becasue it doesn’t protect our society’s needs which would be better served if we treated the mothers better of our future generations of consumers.
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As the mother of four beautiful grown children this issue is something about which I have strong feelings. Nine months pregnant with my first child a female classmat of my then law student husband debated with me her perspective that the “fetus” (which was kicking widely in my belly) had no rights and that if at that moment I decided to abort the “fetus” nothing should be illegal about the action. I cringe to this day thinking of the callous inhuman outright stupidity of that law student’s thought process.
Should pregnant women recieve special treatment? YES Pregnant women should be revered, protected, have close to the entrance parking spaces, flexible hours when returning to work, and understanding when a new baby is sick, or a child can’t attend school. Should men share these later responsibilities? Of course.
So what is the litmus test for each of us? Take a look at that single guy with a five year old, or a ten year old. What do we all say? How does he do it? How does he manage his job and a child with no wife? Yet we hold women to such a different standard. We support the men who are single parents - we offer little support to the mom’s faring the way alone.
Yeah for the judge who spoke out and provided sage commentary — and thanks for this wonderful blog that keeps all of us thinking. Cherish life, and guard those carrying the new life -
How about a trend of “gifting” a couple of vacation hours to new mothers?
The rights and responsibilities of both men and women for the future generations has become a polarizing issue of protean proportions.
There is no arguments that a different standard exists for women, which I believe is inescapable as only we can give birth. But how the collective then deals with this fact, from which each and every one of us will benefit, is a problem.
Mothers need help and protection. We also need them and have to welcome them into the workplace. Not legally discriminating against someone is a long way from an ideal that has not yet caught on in companies like Bloomberg yet.