Sun, Feb 24, 2008 - Page 17 News List

Career women up against a 'maternal wall'

In over half of US states, employers can ask in interviews if a woman has kids - and discriminate accordingly. "Maternal profiling," as it's known, is illegal in the UK, but in reality it is flourishing

By Viv Groskop  /  THE GUARDIAN , LONDON

For her part, Peppard says she has never forgotten the humiliation of having to present her food stamps at the supermarket all those years ago when she was being turned down for job after job. Her most recent attempt to pass the law stalled before it reached the state senate in November last year. "Initially I kept up the momentum in the hope that I would get this law passed before my daughter was ready to enter the workforce," she says. "Now I'm doing it for my granddaughter."

Miami-based lawyer Michael Casey, who specializes in employment law, says that "so-called 'family responsibility discrimination' claims are probably going to constitute the next wave of major litigation directed at employers in the US." Some US companies are already voluntarily showing support to parents, regardless of their state laws, because they fear future litigation. But there is a knock-on effect even to these preemptive moves.

"Giving preferential treatment to people who have familial responsibilities has created a backlash involving employees who lack such responsibilities," says Casey, and, in the future, these childless employees could bring reverse discrimination suits over the injustice of always being the ones asked to work late and on weekends. "Lawyers will be happy with that result, at least," he adds wryly.

Meanwhile in Pennsylvania, Peppard is happy to fight on as long as it takes. "I have written to Oprah Winfrey twice a year for the past 14 years and I contacted her again last week. I think if she knew about this personally, she'd call me."

Peppard is dismissive of the (mostly male) legislature who won't pass her bill. "I wonder if their own mothers know about what they're doing to punish women," she says. "Maybe they think mothers don't vote and don't matter. But we do."

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