Pregnant women face discrimination
Acting Executive Officer David Wilson has claimed.
Cases dealt with by the Commission have skyrocketed with 40 expectant mothers complaining last year compared to 30 in 1997.
Mr. Wilson said: "They apply for a job and get offered a job, then discover they are pregnant.
"The employers attitude changes. They say the employee is incompetent but the real reason is they are pregnant.
"The law states that it's an offence if the employer refuses to hire or continue to hire a person for reasons of pregnancy -- that would be discriminatory.
"In one typical case the lady was hired after being taken from another company where she had done exactly the same work.
"She was very competent, but when her employer discovered she was pregnant their reasons for hiring her are no longer desirable and she was sacked.'' Under the present law, firms have to give mothers leave and hold their job open until they return.
However, there is no stipulation that mothers must be paid during time off or any set ruling on how long the leave should last.
Employers Council Executive president Malcolm Dixon said: "In the absence of any legislation the matter is dealt with by two methods -- custom and practice or by a collective agreement.
"We have our own handbook which we recommend companies follow. We recommend eight to 12 weeks' leave and that the employer provide the same position or a position at the same rate of pay.
"But we do recommend employees give us at least two weeks' notice that they intend to return.
"We certainly don't condone anyone who terminates employees because they are pregnant.'' Mr. Wilson said both big and small companies were sacking pregnant employees.
He said: "The large companies have human resources departments and are in a better position to be conversant with the provisions of the Human Rights Act.'' But he added that this did not mean that flouting the law was acceptable in the smaller firms.
He said: "Ignorance of the law is no excuse -- everybody must make themselves aware of the law.'' Mr. Wilson said there had been a rise in all categories coming before the Commission as people became aware of their rights.
Discrimination against pregnant workers topped the list followed by complaints about sexual harassment, racial discrimination and gender discrimination.
Discrimination Complaints Filed 1997 1998 Pregnant workers 30 40 Racial bias 23 18 Sex harassment15 21 Gender 10 16 Disabled 13 10 Source: Human Rights Commission
