Black Collegian Career Center

Q&As on: Workplace & Family

When Employer Takes Improper Disciplinary Action; Pregnancy and Changing Jobs

Question: I just resigned from a big company that claims to endorse flexibility for working parents. But when I missed a meeting because my young daughter's school was closed during a snowstorm, I was disciplined. Are there any laws protecting parents in situations like mine?

--C.Z., Philadelphia

Answer: A few states have laws prohibiting job discrimination based specifically on family responsibilities, but yours isn't among them.

For guidance specific to your situation, you would need expert legal advice; from the information you've provided, it's impossible to tell whether your experience would be subject to any anti-discrimination law. In general, however, federal law barring sex discrimination can apply to such situations, says Donna Lenhoff, legislative and public policy director in Washington, D.C., for the National Employment Lawyers Association, a professional group.

Some courts have found that discriminating against women with young children constitutes illegal sex bias. "It's a stereotype that women with young children are less productive, or miss more meetings, or are less responsible, and it's unlawful for employers to act on the basis of general stereotypes about women," Ms. Lenhoff says.

Nancy Bornn, a Manhattan Beach, Calif., employment attorney, says some bosses may tend to enforce punctuality and attendance rules more rigorously against women with children than others. However, the fact that you resigned poses a tall hurdle against redress. To win such a claim, a plaintiff must prove that resignation was "a reasonable reaction to an intolerable working condition. Quitting because you were 'disciplined' may not be enough," Ms. Bornn says.

For information on the law and your rights, see the Equal Employment Opportunity Commission's site, www.eeoc.gov, and the Pennsylvania Human Relations Commission's site, www.phrc.state.pa.us/. For a directory of private employment attorneys, see www.nela.org.

Question: My wife is expecting our third child. I'd like to move on to a new employer soon, but I'm concerned about how her pregnancy would be treated under a new employer's health plan. If I'm upfront about it in interviews, will hiring managers push back on health-insurance coverage?

--D.G., Cincinnati

Answer: In general, employees in situations like yours shouldn't have trouble transferring coverage from one group health plan to another, says a spokesman for Indianapolis-based Anthem Blue Cross and Blue Shield of Indiana. For information specific to your situation, however, be sure to check with your employer's benefits or human-resources department.

Pregnancy in most cases similar to yours can't be excluded from coverage as a pre-existing condition under the Health Insurance Portability and Accountability Act. It may, however, be subject to any waiting period imposed by your new employer before you'd be eligible for benefits. If that's the case, you should be able to extend your current coverage through COBRA. State law may affect the exclusion period; check with your state insurance department.

With regard to hiring managers' attitudes, HIPAA bans employer discrimination based on the health status of employees' dependents. For more information, see www.dol.gov/dol/topic/health-plans/index.htm.

 -- April 20, 2007