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April 30, 2004 10:23 AM

We all know what happens when we "assume"
Posted by Diane Danielsonat 10:23 AM

But now you might also be in violation of a court of law. This week the 2nd U.S. Circuit Court of Appeals has ruled that it's illegal for employers to assume that working mothers will not take their work seriously. This ruling may make it easier for working mothers to bring discrimination suits against their employers.

Stereotyping about the qualities of mothers and their ability to balance work and home is a form of gender discrimination, the 2nd U.S. Circuit Court of Appeals ruled Wednesday.

The court said that gender discrimination based on attitudes toward motherhood can be alleged "in the absence of evidence about how an employer treats fathers," in Back v. Hastings on Hudson Free School District, 03-7058.

The decision concerned alleged discrimination against Elana Back, a school psychologist at the Hillside Elementary School in New York's Westchester County. She claimed that her superiors launched a campaign to deny her tenure after making several comments about her commitment to the job when she returned to work after having a baby.


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