Are Women Being Discriminated Against Before They Have Children? [e90]

Nasir and Matt end the week by discussing the recent study that shows how women may be discriminated against for the possibility of having children. They then answer the question, "Can my work monitor my cell phone usage at work if it's not a company phone?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: This is Matt Staub. NASIR: And this is the podcast, your only podcast and only source for business in the news and, also, It’s not the only source for business in the news, it’s the only source for business legal news where we add our legal twist and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. MATT: And the only source of struggling intros in every single episode but that’s fine. NASIR: Ah. Well, I’m not a radio disc jockey as they would say. MATT: You were on the radio for a long time. NASIR: Yeah, but not as a DJ – more of a radio personality. MATT: Yeah, in the guest capacity. NASIR: In a guest capacity. MATT: You were introduced; you weren’t introducing anything else. I guess that’s true. NASIR: That’s right, exactly. MATT: Maybe I should take over the intro. NASIR: I know that’s what you want to do. MATT: I don’t know. I’d probably screw it up. I don’t want to risk it. NASIR: We’ll switch it up one time. That’ll be fun. Actually, why don’t you just practice right now? Let’s hear it. Do it on the spot. Do it. MATT: So, this is Legally Sound Smart Business. NASIR: Terrible. MATT: Horrible. NASIR: Okay, sorry, go ahead. MATT: It’s a business legal podcast where we talk about a story in the news and answer your legal questions. That’s pretty much what you say, right? I don’t know, it’s engrained in my mind. NASIR: What email? What email do they send it to? MATT: Oh, ask@legallysoundsmartbusiness.com or @askbizlaw on Twitter or go to our website. NASIR: All right, don’t get fancy on us. MATT: So, I heard that 40 percent of managers avoid hiring younger women to get around maternity leave – by heard about, I mean, that’s a recent survey that came out. I mean, 500 managers is I guess kind of a small sample size. It’s still pretty sizeable. NASIR: I think it’s big enough. Yeah, it’s big enough to give some kind of weight to it. MATT: This is obviously an issue and this is something that could give rise to a lawsuit. These numbers are out there but the problem is going to be proof that a woman was discriminated against based on gender. I guess that’s what it comes down to for me. I don’t know. That’s unfortunate for these women but I don’t know how they get around this. NASIR: Yeah. I mean, we’ve been kind of dancing around this issue for a while, even in our blogs and podcast regarding maternity leave and so forth and how I think, in general, there is definitely I’ve seen more this year than last year of this aspect of discussing this maternity leave as compared to other countries and the law surrounding it. I think even last year they were talking about some standards of putting in leave for fathers as well to be able to share leave in 2015. I’m not sure what happened to that and whether that was state or nationwide or not but it’s understandable from an employer perspective, especially when you’re maybe a smaller company where maternity leave may affect you, specifically in California where other is more for 50 or more employees. When you have an employee leave, that can be pretty dramatic, even though you may not be paying them but then also being able to hold that spot for them when they come back, and it may not fit in every kind of business but this is the reality of where we live in. I’m just telling everyone who’s listening, this is going to be the trend. I don’t think we’re going to see these kinds of benefits taken away. If anything, they’re going to be expanded more, and one way not to react is just not hiring people that may get pregnant.

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