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Yahoo Sets an Example by Hiring a Pregnant CEO, But There’s More to the Story for Working Mothers

| Jul 18, 2012

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Ever since the news broke this week that Yahoo has hired Marissa Mayer to be its new chief executive officer, the media has been abuzz about the fact that she’ll be the first-ever pregnant CEO of a Fortune 500 company. It seems Yahoo leaders had no concerns about Mayer being six months pregnant when they offered her the job, setting a promising example for employers across the country.

The news is great for Mayer as a woman and a mother and, we hope, good for the company too. It’s encouraging to see a pregnant woman, who will soon be a working mom, in that kind of position. She is now one of only 19 female CEOs in the Fortune 500. But we know that not all employers have adopted such “evolved thinking” (as Mayer described it) when it comes to pregnant workers or the family friendly policies they need.

Despite the fact that the Pregnancy Discrimination Act was passed in 1978 to end blatant discrimination against pregnant women in the workplace, pregnancy discrimination claims are on the rise. They have increased by 35 percent in the past decade, often because employers do not make minor accommodations for pregnant workers, even though they regularly make minor accommodations for workers who have had heart attacks or other health issues.

For those pregnant workers who do get a fair shot, like Mayer, too many struggle tremendously after their child arrives because most employers haven’t adopted family friendly workplace policies that enable new parents to take the time they need for their own health and the health of their children. Even Mayer admits she will be working through the short three weeks of leave she plans to take after her child is born. Three weeks may be Mayer’s choice, and that is OK; women need to be able to do what is right for them. But many women need or want more and don’t have that option.

Mayer is in the rare minority (11 percent) of private sector workers who have access to paid leave through their employers. Most depend on the up to 12 weeks of unpaid leave provided through the federal Family and Medical Leave Act (FMLA), but more than half of the workforce isn’t even eligible for that. Millions who are eligible under the FMLA can’t afford to take the unpaid leave it provides. That puts the majority of working parents in an untenable situation of having to constantly choose between work and family.

That’s why efforts to ensure family friendly workplaces and curb pregnancy discrimination are so important. The Pregnant Workers Fairness Act would effectively prevent employers from forcing pregnant women out of the workplace and help ensure they provide reasonable accommodations to women who want to continue working. The Healthy Families Act would guarantee workers the right to earn paid sick days to use to recover from illness or care for a child. And a proposal for a federal paid leave insurance program currently being developed in Congress would make it possible for all workers to receive a portion of their pay when they need to take leave for the arrival of a new child or to deal with a serious illness.

Marissa Mayer is fortunate to have an opportunity and choices many mothers do not. She will be able to afford high-quality child care, and she will almost certainly receive pay while on leave and paid sick days to care for her child. Yahoo has set an example by choosing to hire Mayer based on her merits. With Mayer at the helm, we hope that Yahoo aims to set an example as a family friendly employer in every sense to set the pace for other companies and motivate lawmakers who are far behind in adopting the policies working families need.

About the Author

Sarah Crawford

Sarah Crawford

Sarah Crawford is the Director of Workplace Fairness Programs at the National Partnership for Women & Families, where she handles issues surrounding fair pay, pregnancy discrimination, sexual harassment, equal opportunity, and other matters that impact working women and their families. She also co-chairs the Employment Task Force of the Leadership Conference on Civil and Human Rights.

Immediately prior to joining the National Partnership, Crawford worked as an attorney with the Lawyers’ Committee for Civil Rights Under Law in Washington, D.C. As senior counsel for the Employment Discrimination Project, she litigated employment discrimination cases at trial and on appeal. She co-authored over twenty amicus curiae briefs filed before the United States Supreme Court. Crawford also worked on legislation and policies aimed at strengthening equal employment opportunity protections, including the Lilly Ledbetter Fair Pay Act. In this capacity, she testified before Congress and the Equal Employment Opportunity Commission.

Prior to joining the Lawyers’ Committee, Crawford worked with the U.S. Department of Labor for five years. As an attorney with the Office of the Solicitor’s Civil Rights Division, Crawford litigated employment discrimination cases and provided advice on policy matters.

Crawford received her undergraduate and law degrees from William and Mary in Williamsburg, Va.