You’ve just got to love The Guardian. They’ve got a long complaint here about maternal profiling. That is, the way in which companies try to find out whether women have children, are likely to have children, before they make the decision as to whether to hire them or not.
The unlikely new face of radical women’s activism in the US? Meet Kiki Peppard, a 53-year-old switchboard operator and grandmother from Pennsylvania who claims she is one of millions of victims of “maternal profiling”. Defined as “employment discrimination against a woman who has, or will have, children”, feminist groups say that maternal profiling has reached epidemic proportions - and is getting worse. In essence, it involves employers building up information on a woman’s age, marital status and family commitments to determine whether to hire her, how much to pay her and how much responsibility to give her. Is she likely to have children and need maternity pay? Will she want to work shorter hours?
It’s extremely difficult to say that this woman, or any other who has been subject to maternal profiling, is a “victim”. Well, unless you mean a victim of well meaning but counter-productive intervention into the labor market.
In the UK, asking questions in a job interview about a woman’s maternal status would leave an employer open to a sex discrimination case, yet there is a great deal of evidence that such profiling goes on unspoken. And it is a practice that affects not just mothers, but all women of childbearing age. Whether or not you intend to have children, the possibility that you might, could well be enough to put off a potential employer.
That is all true but it simply makes all women victims in that second sense.
Last year, a survey by the new Equality and Human Rights Commission, headed by Trevor Phillips, found that 70% of recruitment agencies had been asked to avoid hiring women who were pregnant or likely to get pregnant. The commission also found that mothers face more discrimination in the workplace than any other group. Those with children under 11 were 45% less likely to be employed than men, with that figure rising to 49% among single mothers.
As is all of that, however illegal it might be.
A YouGov poll of 1,000 UK directors, also conducted in 2007, revealed that 21% knew of instances where their company had avoided hiring women of child-bearing age - 19% admitted to making this decision themselves. In the same poll, more than two-thirds of senior executives said that the bureaucracy surrounding parental leave posed a “serious threat” to their companies. And in 2004 an extraordinary survey by HR information provider Cromer found that eight in 10 human resources managers would “think twice” before hiring a newly married woman in her 20s.
Set aside, for a moment, what “ought to be” and look at what is actually happening. Companies are going out of their way not to hire women who either might have children already or have them in the future. They’re going so far out of their way that they are straying, in the UK at least, into illegality to do so. But why?
The explanations they give don’t have anything to do with the patriarchal society, with taste discrimination or anything like that. They believe that hiring women with or about to have children will cost them money. They are thus acting rationally in trying to avoid that loss: preferring, instead, to hire people with lower costs.
So what is causing these higher costs to employers? Well, it seems pretty obvious that it is the requirements to pay for maternity leave, to keep the job open if the woman wants to return, the need for more flexible working hours so she can take care of her caring responsibilities and so on. That, at least, is what the companies themselves say they think. Now, you might think that it is right that a company should have to bear these costs, you might not. But it seems impossible to escape the point that these are costs and as such the companies are trying to avoid them as they rationally will.
Now as far as creating victims, no, I’m no suggesting that companies themselves are victims here. But also that those subjected to maternal profiling are not victims either. The victims here are all women of childbearing age whether they want to have children or not, when maternal profiling is not allowed.
Think again about what we have here. We have some costs which (at our level of technology, at least) cannot for biological reasons simply be wished away. If employers are able to exclude those who will burden them with these costs, breeders current and future, then all those, men and women, who do not carry said risk will be treated equally.
But if it is illegal for companies to try and discriminate so, then all women of child bearing age will be (to a lesser degree) discriminated against. Thus, in the UK findings, companies are less likely to hire women (whether they intend to have children or not) at all, and those they do hire will be offered worse terms than men.
And thus the victimhood: at least part of the gender pay gap is because of the costs that some women impose upon employers via such things as maternity pay and the rights to flexible working etc. If employers are not able to pick and choose amongst those who may or may not impose said costs, then they’ll even them out across all women.
I’ve said before that there isn’t in fact a gender pay gap: there’s a childcare pay gap. This is just another example of how that comes about. One perhaps provocative prediction: if we abolished all maternity laws, we’d see a drop in the pay gap.