Monday, May 25, 2020

The Law That Can Not Discriminate Against Hiring An...

company, or even the taxpayer. In addition, it is now law that employers cannot discriminate against hiring an individual due to pregnancy, or pregnancy related illness, or disability. In ATT v. Hulteen, the Supreme Court heard of a case in which four workers claimed that they were discriminated against and that their pension was illegally reduced because of their pregnancy. The Court ruled against the four workers claiming that the Act protecting pregnant workers does not constitute redressing past oppression. This is fundamental in understanding radical feminists who would assert that retroactive penalties should apply to ATT because of their past oppression of pregnant mothers. Punishments and penalties that are applied†¦show more content†¦Many maternity and labor law provisions argue for equality within the workplace using the Fourteenth Amendment. The key words within the fourteenth amendment are â€Å"equal protection of the laws.† Equal protection does not c onstitute that women are endowed to special protection under the Rule of Law. In the battle for special protection for expecting mothers, the court has shut down claims supporting extra benefits over their male counterparts. The Supreme Court examined a health insurance plan that provided pregnancy benefits for female employees, but did not provide them for spouses of male employees. The court struck down the plan, holding that it discriminated against male employees because, in treating pregnancy differently from other disabilities, it denied male employees the same benefits that female employees received. Other feminists argue that in areas such as pregnancy leave that women should be treated differently than men as to promote equality of opportunity between the sexes. Moreover, any benefit that caters to women’s needs over men’s is against fairness in the workplace and should be eliminated. FEMINISM AND EQUAL PAY One of the main issues that have been at the forefront of all political and social campaigns is the idea of women and men receiving equal pay within the workplace. This is not only a legal issue, but social and political as well. The

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.