Legal Aspects of the "OMG Palin's a MOM" Criticism

[AZhitman]

Just wanted to drop some education and knowedge on the libbies out there who profess that it's an employer's right to question whether a woman with children can handle the duties of their employment...

Under Federal EEO law, denying women with young children an employment opportunity that is available to men with young children is illegal.

Although women actually do assume the bulk of caretaking responsibilities in most families and many women do curtail their work responsibilities when they become caregivers, Title VII does not permit employers to treat female workers less favorably merely on the gender-based assumption that a particular female worker will assume caretaking responsibilities or that a female worker’s caretaking responsibilities will interfere with her work performance.50 Because stereotypes that female caregivers should not, will not, or cannot be committed to their jobs are sex-based, employment decisions based on such stereotypes violate Title VII.

Back, 365 F.3d at 121 (in a sex discrimination claim under 42 U.S.C. § 1983, the court stated that “where stereotypes are considered, the notions that mothers are insufficiently devoted to work, and that work and motherhood are incompatible, are properly considered to be, themselves, gender-based”).

The effects of stereotypes may be compounded after female employees become pregnant or actually begin assuming caregiving responsibilities. For example, employers may make the stereotypical assumptions that women with young children will (or should) not work long hours and that new mothers are less committed to their jobs than they were before they had children. Relying on such stereotypes, some employers may deny female caregivers opportunities based on assumptions about how they might balance work and family responsibilities. Employers may further stereotype female caregivers who adopt part-time or flexible work schedules as “homemakers” who are less committed to the workplace than their full-time colleagues. Adverse employment decisions based on such sex-based assumptions or speculation, rather than on the specific work performance of a particular employee, violate Title VII.

I do a lot of work with EEOC (since my job involves firing people) and HR...

Here's more if you want to blow a couple hours reading: http://www.eeoc.gov/policy/docs/caregiving.html

So, next tmie you blather on about "we have the right to ask", keep in mind that Federal Law disagrees with you, and if you were an employer and asked, you may be setting yourself up for a big fat EEOC lawsuit.