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NHRCK Recommends Redress of Discriminatory Employment Practice Based on Pregnancy
Date : 2007.05.09 00:00:00 Hits : 1098

In a case where a pregnant contractual employee at a local public health center was disqualified at the interview from renewing the contract, the NHRCK found employment discrimination based on pregnancy. The case concerned a female employee who after working for 12 years as a doctor at a public health center had applied for an advertised position at the same center to renew the contract before it was due to be terminated.

At the time of the interview, the complainant was eight months pregnant. During the interview, and after the interview when the director of the center had a personal meeting with the complainant, he mentioned that she was not in a situation to be rehired because of the pregnancy and that he could not understand why she applied for the position in the first place knowing full well the position of the center. The director also said that he assumed that the complainant was not going to apply this time. The NHRCK found the director" s explanation that the complainant lacked the competence and skill necessary as a public servant to be lacking justification considering the fact that the complainant had worked for 12 years without any problem. It was difficult to conclude as such without any concrete evidence that indicated such reputation existed about the complainant.

The NHRCK concluded that the center had discriminated against the complainant based on the fact that she was pregnant. Considering what the director had said in the context and situation at the time, it can only be interpreted as a statement that the center was not willing to employ the complainant taking the risk and burden of employing someone who is about to give birth and who will take a pregnancy leave right after employment which reveals prejudice towards pregnant applicants. Furthermore, considering the way the interview was conducted with close associates of the director at the center participating as the interview panel and the questions asked at the time of the interview that mostly related to the expected delivery date and how she was going to work after she gave birth, the center was clearly responsible for discriminatory employment practices against pregnant women. The NHRCK recommended the district chief to reprimand the director of the center and for the center to establish and apply an equal employment policy.

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