Is this an HR violation?

I just overheard a mgr in another dept talking to a team member about a potential candidate. He mentioned that he doesnt think he wants her because she is a new mom. I'm a new mom and took offense.

Re: Is this an HR violation?

Legally yes, but things like that are very hard to prove.
He will just say he isn't hiring her due to something in her skill set or her "personality is not a match" that kind of thing.

Very hard to enforce that kind of thing unless they are stupid enough to put it in writing to someone in the company.

Is this an HR violation?

I am an HR rep. for my area at work. I think what he said is HIGHLY inappropriate, especially if he said it in a place where others could here it. Now it is a he said she said situation and if no one else overheard it then he could easily say he never said that. That is very sad that is the mentality. I wonder how he knew she was a new mom. Maybe she said it in the interview because him asking if she has children is a violation.

Re: Is this an HR violation?

Is this an HR violation?

Technically it is but unless they say it directly to the candidate it will go unreported to HR.

Re: Is this an HR violation?

Why can't the person who heard report it?

Re: Is this an HR violation?

Re: Is this an HR violation?

Is this an HR violation?

Im almost tempted to report it to HR but more of a "hey just so you are aware" it doesnt have a direct impact on me or my team but seriously messed up mentality to have

Re: Is this an HR violation?

Re: Is this an HR violation?

Just to show you the pervasiveness of this attitude- by not just men but WOMEN too....

I was hired at my current job when I was 7 months pregnant. My boss knew me for years, had been planning to bring me over once his no- compete ran out and lo and behold, i happened to be pregnant when the time finally came for him to be ready for me.

I thought it would be a no go, but he wanted me and knew I'd be back after a short leave and saw no reason to delay it.

So he pushed for it, and though some of the execs raised their eyebrows, they trusted him, he put his name on me, and i was hired.

He comes to tell me that shortly after my hire one of the FEMALE VP's in the company said to him and his boss... are you out of your mind, hiring a pregnant woman?


Now first of all she was an executive in the company. You would think she would know better than to let stuff like that come out of her mouth- regardless of her opinion on the matter. Very unprofessional.
Secondly she was a woman and a MOTHER to boot. In a much more demanding and high powered job than they had hired me for.

It's really sad the mentality....

Is this an HR violation?

Yes, it's illegal but as others have mentioned, basically impossible to prove.

I'm wondering how he knew she had a baby? It's illegal to directly ask a candidate if they have children and quite honestly that is information you don't volunteer in an interview.

Re: Is this an HR violation?

Re: Is this an HR violation?

Re: Is this an HR violation?

Re: Is this an HR violation?

Posted by LuckyStar

Posted by chilltocam

Posted by LuckyStar

that is information you don't volunteer in an interview.

You would think, but we just went through a whole slew of interviews in my office and you'd be surprised. Had people mention they were getting married in a few months, that they had small kids at home, etc. I was surprised that so many people volunteered that kind of info.

See, that's just crazy to me. I get that it shouldn't make a difference but the truth of the matter is it does. I interviewed last year when my DD was an infant and was careful not to mention her, even when asked questions like "what do you do in your free time" and "what non-work related accomplishment are you most proud of?"

Interestingly, I now work with women who are all about their kids and not about their work at all

Re: Is this an HR violation?

Posted by stinger

Posted by LuckyStar

Posted by chilltocam

Posted by LuckyStar

that is information you don't volunteer in an interview.

You would think, but we just went through a whole slew of interviews in my office and you'd be surprised. Had people mention they were getting married in a few months, that they had small kids at home, etc. I was surprised that so many people volunteered that kind of info.

See, that's just crazy to me. I get that it shouldn't make a difference but the truth of the matter is it does. I interviewed last year when my DD was an infant and was careful not to mention her, even when asked questions like "what do you do in your free time" and "what non-work related accomplishment are you most proud of?"

Interestingly, I now work with women who are all about their kids and not about their work at all

I do a great job in my work but i am all about my kids too. For example I stick to my hours and dont bring work home with me much. If I didn't have kids I would probably spend more hours working including "productive" hours. I make a call here and there related to kid stuff during work hours. I have to leave work for sick kids, school holidays, school events etc and it doesn't affect the work i do now but if i was in a higher level position i couldnt do the job and be the mom i want to be.