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After Yael, a supervisor at a construction site, returned to work from maternity leave, she asked her supervisor, Rochelle, for permission to use her lunch break to breastfeed her baby at the child's day care center. Rochelle agreed, but added, "Now that you're a mother, you won't have the same dedication to the job. That's why I never had any kids! Maybe you should rethink being a supervisor."
Rochelle began monitoring Yael's time, tracking when she left and returned from her lunch break and admonishing her if she was late, even if by only a few minutes. Other employees who left the site during lunch were not similarly monitored. Rochelle warned Yael that if she had another child, she could "kiss her career goodbye," and that it was impossible for any woman to be a good mother and a good supervisor at the same time.
Upset by her supervisor's conduct, Yael reported it to a higher-level manager. However, the employer refused to take any action, stating that Yael was merely complaining about a "personality conflict," and that the employer does not get involved in such personal matters. After the conduct continued for several more months, Yael filed an EEOC charge alleging that she was subjected to sex-based harassment. Is she right?
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Answer: |
Yes. Under these circumstances, an EEOC investigator would determine that Yael was subjected to a hostile work environment based on sex and that the employer was liable.
Employers may be liable if workers with caregiving responsibilities are subjected to offensive comments or other harassment because of race, sex (including pregnancy), association with an individual with a disability, or another protected characteristic and the conduct is sufficiently severe or pervasive to create a hostile work environment. The same legal standards that apply to other forms of harassment prohibited by the EEO statutes also apply to unlawful harassment directed at caregivers or pregnant workers.
Employers should take steps to prevent harassment directed at caregivers or pregnant workers from occurring in the workplace and promptly correct any such conduct that does occur. In turn, employees who are subjected to such harassment should follow the employer's harassment complaint process or otherwise notify the employer about the conduct, so that the employer can investigate the matter and take appropriate action.
Source: EEOC Guidance: “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities,” reported in the CCH Employment Practices Guide, New Developments ¶5243.
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