Pregnancy Act
Lulu
3 Posts
I've been think about this issue, and other discrimination laws in general. In most cases, they only apply to companies that are at least larger than 15. Does this mean that smaller companies may fire or discriminate? What are the liabilities?
I know that state laws usually cover the difference (i.e., NY Human Rights Law prohibits discrimination for companies greater than four) for race, age, etc., but they do not cover disability or pregnancy. Does this mean that a woman who works at a small company will not only lose her job if she decides to have children, but will also lose the short term disability payments, etc. that she migth have been able to collect?
I know that state laws usually cover the difference (i.e., NY Human Rights Law prohibits discrimination for companies greater than four) for race, age, etc., but they do not cover disability or pregnancy. Does this mean that a woman who works at a small company will not only lose her job if she decides to have children, but will also lose the short term disability payments, etc. that she migth have been able to collect?
Comments
As a woman, and an attorney, I share your frustration that employees of small employers simply are not covered by many of our federal discrimination laws. The reason is purely economic. Congress has decided that the burden on small employers to comply with anti-discrimination laws, and especially the FMLA, would be so great that it would cause them to go out of business. Whether that is true is obvioulsy debatable. As you noted, many states have enacted their own state laws that protect employees in small businesses, and of course, all employers can voluntarily comply - even if they do not meet the magic number.
As far as disability insurance, there is no federal law that requires any employer to provide either short-term or long-term disability insurance. This is an economic choice that an employer makes.
Although I did not answer any specific question, I hope I shed some light onto the topic.
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
I'm a guy and can understand your frustration. My sensitivity to women's issues came about as a result of my love for my wife, mother, sister and daughter. It hurts when they are treated differently strictly because of their gender. I'm protective of them and there were times (non-business situations) when they were wronged and the threat of a good punch in the nose set things right - though I don't recommed that course of action to anyone. But business settings are different. It is frustrating when anyone, family or not, is treated as if they have little worth or like a second class citizen.