A recent decision by Europe's top court rules that male workers can be paid more than similarly employed women who have less time on the job because of maternity leave.
The ruling came in the case of Bernadette Cadman, 44, a health inspector in Manchester, England, who filed suit when she learned that her annual salary was as much as 9,000 pounds less than male colleagues doing the same job. The company justified the discrepancy by nothing that Cadman had taken maternity leave, and therefore, had fewer total hours on the job than her male counterparts.
Cadman initially won her case at an employment tribunal in Britain, but lost when her employer appealed the case to the European Court of Justice in Luxembourg. In rejecting the claim, the court noted that length of service was a fair way of deciding pay because experience "enables the worker to perform his duties better."
Jenny Watson, chair of the United Kingdom's Equal Opportunities Commission, suggested employers should "err on the side of caution and ensure that length of service is only used in pay where it can legitimately be justified."
Supporting Working Moms
While women are still scarce at the highest levels of management, some companies have adopted noteworthy initiatives to change that. Last year, PricewaterhouseCoopers LLP created a program called Full Circle designed to keep new mothers "connected" with the firm for up to five years while they are home raising their children or providing care for elderly relatives.
Full Circle members, whether they are taking a temporary leave or have left indefinitely, get coaching and keep up training and credentials on the firm's dime. They also participate in such events as "moms' nights out" to allow for an easier transition back into the firm. By 2006, the firm's turnover rate among female employees had declined to 17% from 26% in 2001.
Equal Employment Opportunity Commission (EEOC) Guidelines
Pregnancy-discrimination filings have risen 23% in the past ten years to a record high last year. More mothers are claiming their ability to work and advance is hindered by employers' stereotypes and assumptions, not only during pregnancy, but for years thereafter. In a pattern some people call "the maternal wall," some mothers say they're denied jobs or promotions by managers who assume all mothers should stay home, lack job commitment or don't want to advance.
Female plaintiffs have traditionally had to prove they were treated worse than men in comparable positions to press charges of sex discrimination. Now, the EEOC says managers' biased statements and behavior may be enough to warrant charges by mothers over job setbacks without any comparative evidence.
Sources: Human Resource Executive, January 2007 and The Wall Street Journal, January 30, 2007 and May 24, 2007