The ethics of job discrimination

Business Ethics

Pregnancy and job discrimination is the topic that is selected for discussion. In the U.S., pregnancy is generally viewed as the end of a career. This perception results in women first establishing their careers and waiting longer to have children. The same perception also forces these women to return to work faster after the deliveries of their babies. (Roberts, 2008) the length of maternity leave and whether the leave is paid or unpaid has influence the decisions made by pregnant women. There have been reports that women return to work at lower pay rates as a result of the break from service and continuous employment records that are used for promotions and job evaluations are often impacted by the time off.

It is illegal to discriminate based on pregnancy. Ethically, it is not right to discriminate against the gender that ensures the survival of the human race. With more women entering the workforce, this issue generates extensive debates and discussions. The Equal Opportunities Commission (EOC) is constantly working to identify the scope and extent of this problem and the impact it has on the female workforce. In addition, there are many more hidden impacts of the pregnancy discrimination. The maintenance of a higher standard of living requires women to also enter the workforce to maintain household wealth; but, at the same time, the inability to manage households on one income should pregnancy occur is proving an incentive to many women to start families later.

Research in 2003 by the EOC identified disturbing trends of pregnancy discrimination. "Section 99(1) of the Employment Rights Act gives pregnant women protection against dismissal on pregnancy or childbirth related grounds." (Anonymous, 2005) Legally, a woman has the right to maternity leave and a job after the delivery if she chooses to return to work. The length of the employment does not impact the right of the woman to take maternity leave. It was observed however, that nearly 45% of the pregnant workforce experienced some form of discrimination. It was noted that nearly 30,000 female employees in the U.S. would lose their jobs or made redundant because of the pregnancy.

Employers when questioned about the issues were quick to point out that pregnancy disrupted operations and cost the company money. The loss of talent for the period following birth and the administrative cost with regards to female pregnant employees was also high. There are many concerns that employers have with respect to cost of maintaining an employee who is no maternity leave. Some of the important considerations are pregnancy related sicknesses or inability to perform a task. For instance, a woman on a manufacturing shop floor might be expected to stand on her feet for the duration of shift. This might be very painful or inconvenient during the later stages of the pregnancies. In addition, some conditions might become hazardous as well. High noise pollution in the work environment requires that employers provided worker with ear plugs. But research also indicates that the fetus also suffers from the adverse effects of noise pollution.

One study also indicated that pregnant women were less productive than a non-pregnant woman when video of work performance were monitored. (Halpert, Wilson, & Hickman, 1993) it is important to note that performance of the pregnant woman (who were surveilled) prior to pregnancy was not evaluated, in addition the observation was made by students and perceptions were the bases of the evaluation. Another study however, indicated that there weren't any significant performance issues with employees who were pregnant and those who were not. (Gueutal & Taylor, 1991)

Female employees who work in project-based and team-environments might cause disruption in the operation due to their absence. Training a replacement is often an acceptable way but often once the team gets used to the replacement getting the original worker back into the project might be faced with resistance by the other team members. In reality therefore, the nature of the job and the responsibility of the female employee is often also a determinant of the level of discrimination and other problems. The skill level of the employee and her value to the company is often a determinant for the level of hurdles that might be faced. The interaction that the employee had with the leaders, managers, team and coworkers prior to pregnancy influences the manner in which the pregnancy will be perceived. Female employees with positive relationships and good work ethics tend to experience no discrimination. (M kel, 2005) the type of job (unionized/non unionized) also influences the level of job security that the female employee can experience.

While pregnancy per se is not a permanent condition, there are long-term consequences of the state. (M kel, 2005) the issue of work/life balance and quality of life can become important factors in the life of the female employee. Many organizations also tend to have the perception that women with children will be less focused and dedicated to their work. (Kidwell, 2001) the idea that the man is the bread winner and the woman the nurturer is still the main stream value. Although women have been in the workforce since the industrial revolution, in the past they exited the workplace after a child was born and returned only much later. In the past few decades however, women are less likely to want to leave the workforce. Many factors have impacted this decision -- higher standard of living, single mothers, lower wages and fewer opportunities to return back after an extended break are some.

Many employers tend to devalue the importance of the pregnant female employee during pregnancy and after childbirth. (Bragger, Kutcher, Morgan, & Firth, 2002) the fear is also that many productive female employees will choose not to return to work after pregnancies also acts as an inducement for companies not to higher females within child bearing years. As such, often, the bias might exist even if the female employee is not pregnant. Companies might be less likely to train or groom a young female employee for succession roles in the organization. and, lesser qualified men might be selected in the process. In addition, companies might also withhold training and education of the female employee considering it a wasted expense. It is important to note however, that the male employee can also be just as undependable. They could move jobs for better prospects and the company can still lose a productive employee.

Employers have some logical and genuine concerns that arise from having to deal with pregnancies in their workforce. For instance when the workforce is predominantly female, too many women taking maternity leave at the same time could disrupt operations. Courts and legal arbitration also tend to review these factors when making their decisions. While it would seem ethically wrong to be biased against pregnancies, companies exist to make profits. Any management will tend to avoid any factor that impacts the profitability of the organization. The idea that pregnant women are unproductive is not really a valid issue unless the productivity prior and during pregnancies can be evaluated.