| “You 
            aren’t planning to have another baby, are you?” 
            the interviewer asked Pam Camacho of Portland, Oregon. Camacho was 
            interviewing for a full-time position with a local non-profit after 
            working part-time for many years while raising her family. She didn’t 
            expect to face discrimination because she was a mother. That comment, as well as others questioning her experience with 
              paid employment, made her think something was amiss. “They 
              assumed that because I was a mother that I could not do the job, 
              that I could not devote full time to the work, ” Camacho recalls. 
              “It didn’t even hit me that all this was discrimination. 
              When you are in the middle of things, you don’t always recognize 
              it.” After the interview, she complained to the supervising 
              agency, which reprimanded the interviewers but never fired them. Several hundred suits of “caregiver discrimination” 
              have been filed since 2000, and in more than 160 cases plaintiffs 
              have gained some compensation for the discrimination against them, 
              many for more than $500,000 and some in the millions, according 
              to Joan Williams, Professor of Law and Director of the Program of 
              Worklife Law at American University Washington College of Law. Williams 
              is leading the challenge against “The Maternal Wall”— 
              the discrimination that mothers face for their caregiving responsibilities. 
              “This is one of the major forms of gender discrimination in 
              the country that has only been recognized in the past year,” 
              says Williams. The Maternal Wall Job discrimination against mothers resembles other forms of race 
              and gender discrimination in that mothers experience different employment 
              terms than other workers and many must endure workplace comments 
              and behaviors that are openly hostile and unwelcoming. Even without 
              words, Sarah Clarke (real name withheld) got her employer’s 
              message loud and clear. Working in the male-dominated field of finance, 
              Clarke recalls, “When I went on maternity leave, I said I 
              wanted to work from home [during my leave]…[but] they wouldn’t 
              allow me to call into meetings. And when I came back to work, I 
              didn’t have a desk.”  Elizabeth Stanley (real name withheld) received a similar cold 
              shoulder from her employer. “Once I got pregnant, one of the 
              owners basically ignored me,” she says. “I tried to 
              talk with the COO about my maternity leave and subsequent return 
              to work, but she always managed to find a way to cancel or postpone 
              the meetings.”  Employers sometimes make assumptions how women will behave upon 
              becoming mothers. Stanley, who worked as a human resources manager 
              at the time, recalled that “if a woman came in who was obviously 
              pregnant or volunteered that she was pregnant, the owners would 
              automatically disqualify her [for the job]. It didn’t matter 
              what her qualifications were or what her plans were after she had 
              the baby.” Some mothers are also finding it difficult to get back into the 
              workforce after taking some time out. Despite good job performance, 
              impressive education credentials, and clear qualifications, Clarke 
              has not gotten past the interview stage for almost three years. 
              “I can’t get a job. Either I’m a bad interviewer 
              or something else is going on,” she says.  To Williams, these women’s experiences are clear patterns 
              of discrimination that are rooted in outdated stereotypes about 
              mothers. “Maternal Wall stereotyping is triggered whenever 
              motherhood becomes salient [or] jumps out at you,” explains 
              Williams. “[It happens] sometimes when women get pregnant, 
              when they return from maternity leave, when a woman has a second 
          child, or when she tries to use flex time.”  Mom 
            myths: Nice, but not competent   Until now, such discrimination continued unquestioned because of 
            widely-held stereotypes about how women will or should act as mothers. 
            Recent research into “cognitive bias”— or unacknowledged 
            sets of stereotypes— reveals a number of stereotypes about 
            mothers that can adversely impact her perceived job performance 
            or qualifications for a job. One of the most prevalent stereotypes is an association between 
            motherhood and a lack of competence. “We find that people 
            actually have underlying stereotypes in which they think of mothers 
            as very nice people, but they don’t think of them as competent 
            people,” says Professor Faye Crosby of the Psychology Department 
            at the University of California, Santa Cruz, and member of the Cognitive 
            Bias Working Group.
 According to research conducted by members of the Cognitive Bias 
            Working Group and published in the Journal of Social Issues, 
            the link between incompetence and mothers is so strong that while 
            subjects rate businesswomen as highly competent as businessmen and 
            millionaires, the subjects rank “housewives” as minimally 
            competent as the “elderly,” “blind” and 
            “retarded” (the researchers used these stigmatized terms 
            intentionally). Another study in the same journal shows that when 
            men become fathers, they are held to lower standards of 
            time commitment and competence, but mothers are held to higher standards of time commitment and must prove their competence in 
            the workplace repeatedly.
 Another common stereotype is that mothers are assumed to be less 
            dependable than other workers. Stanley says of her former employer, 
            “I think their actions, body language [and] tone of voice 
            all suggested that I was no longer loyal to the company, that my 
            mind would now be in another place and not on my work.” Such 
            stereotypes about mothers’ commitment to work can result in 
            women being passed over for promotions or receiving lower pay or 
            lower quality assignments. Williams recalls the words of one Boston 
            lawyer who was given the work of a paralegal after her maternity 
            leave, “I had a baby, not a lobotomy.” Dad myths: Competent, but only 
            as the breadwinner Fathers and people with aging relatives also face penalties for 
            taking time to care for their families. For men the initial stereotyping 
            is a little different. At first, men are not questioned on their 
            competence and are perceived to be better managers because they 
            are now “warm” or more personable as a result of being 
            fathers. But things change if fathers want to do more caregiving 
            work than is commonly expected of them.
 In her book Unbending Gender, Williams discusses the employer’s 
            concept of an “ideal worker”— a person who is 
            available for long hours to work, largely because someone else attends 
            to the caregiving. According to Williams, a father who seeks more 
            time for caregiving may be “flunking the ideal worker test. 
            He may be seen as a less effective man and even a less effective 
            father, because fatherhood is very much intertwined with being a 
            good provider.” The stereotype here is that fathers do not 
            provide care. For example, in the caregiver discrimination case 
            of Knussman v. Maryland, Knussman’s supervisor told 
            him that his wife would have to be “in a coma or dead” 
            for a man to qualify as the primary caregiver, and then denied him 
            leave to care for his wife and newborn daughter. “The Maternal Wall basically affects anybody who plays the 
            role traditionally played by moms. If a man … wants to take 
            several months parental leave or work a flexible schedule, he may 
            experience more acute gender bias than the mother,” says Williams. 
            “One of the reasons it’s so hard for moms to get dads 
            to play an equal role [at home] is because of the fierce hostility 
            [fathers] face in the workplace.”
 Williams hypothesizes that the one of the reasons that some mothers 
            leave the workforce and “opt out” has to do with the 
            constraints on fathers. If fathers experience hostility for doing 
            more caregiving work, then mothers are forced to pick up the slack. 
            Says Williams, “[Women’s] partners feel that there is 
            no way that they could back out without just triggering acute stigma.” 
            In this way, the couple is forced into the ideal worker norm.  A new look at “Opting Out” New research recently published by Hunter College sociologist Pamela 
            Stone looks deeper into professional mothers’ decisions to 
            leave the workforce and finds that approximately 90% of the subjects 
            “expressed a moderate to high degree of ambivalence” 
            about leaving their jobs. The study finds that it is the workplace 
            factors that carry the biggest weight in their decisions, and then 
            the flexibility of their partners. “Many women name specific workplace conditions that led them 
            to quit,” comments Williams regarding this research. “Sometimes 
            that was the unavailability of part-time work, sometimes it was 
            the stigma associated with part-time [work], sometimes it was the 
            hostility towards women once they had children.” When such 
            work conditions are combined with a partner who is inflexible in 
            his work as well, then work becomes an all or nothing proposition. 
            “That tends to mean that one partner, almost invariably the 
            man, will stay on the 50 to 60 hour a week fast track, at which 
            point his partner has very little option but to take very poor quality 
            part-time work or leave the workforce,” notes Williams.Such research supports Williams’ hypothesis that professional 
            women are “opting out” of the workforce because of Maternal 
            Wall discrimination. “One of the reasons that moms end up 
            deciding that the only feasible solution is to sequence [or interrupt 
            their careers] is because they themselves have met Maternal Wall 
            bias and are sick of it,” Williams suggests. For Stanley, 
            the former human resources manager, the hostility she experienced 
            at work during her pregnancy certainly contributed to her decision 
            to stay at home. “The work itself wasn’t so bad, but 
            the environment was more than I wanted to handle. I couldn’t 
            imagine coming home to my child in the moods this type of treatment 
            brought on,” she says. In the face of discrimination and hostile work environments, some 
            mothers leave the workforce. Clarke, who worked in finance, describes 
            the vicious cycle she saw created: “A lot of women do leave, 
            and so that’s the assumption that is what every woman is going 
            to do…so you’re passed over for a promotion or there’s 
            a pay differential.”  The blame, though, lies less with individual women’s choices 
            and more with our lack of understanding and acknowledgment that 
            gender discrimination is a legitimate source of distress for employed 
            mothers, stay-at-home mothers, and fathers. Many women, upon becoming 
            mothers, do want cut back hours, not travel, or spend more time 
            with their children. But that does not constitute a rationale for 
            assuming that all mothers will or want to do these things. “Employers 
            will try to say that they are trying to prevent problems down the 
            road…but it’s still illegal,” says Camacho, who 
          experienced discrimination during her job interview.  Next 
            Steps
 Where do we go from here? “The first step was to generate the 
            scholarly research,” says Williams, referring to research in 
            the Journal of Social Issues. “The next step is to 
            get people in a wide variety of contexts to recognize that this is 
            one of the major forms of gender discrimination in the country. It 
            needs to be taken up by civil rights commissions, by corporate diversity 
            programs, [and] then there needs to be [anti-discrimination] trainings.”
 As for the stereotypes about mothers, one of the hopeful aspects 
            of cognitive bias is that it can be changed. Crosby says, “We 
            just have this innate tendency to make stereotypes along gender 
            lines, but the consequences of those stereotypes are controllable.” 
            Crosby suggests that once people are made aware of the stereotypes, 
            they can work actively against them. Additionally, we can examine 
            our views of what constitutes valuable work skills. Crosby notes, 
            “[The research] says something about our stereotypes about 
            mothers and also something about our stereotypes about competence.” 
            She comments that we need to challenge people to view caregiving 
            as highly skilled work. Williams suggests that today’s mothers and fathers are both 
            victims of outdated gender stereotypes of parenting roles. Mothers 
            pay the price by being left out of positions of power, and fathers 
            pay the price in their relationships with their kids. “Moms 
            don’t ordinarily decide to sequence in order that their children 
            see their fathers less. This is not one of the typical motivations.” 
            Instead, Williams claims that the workplace structure produces that 
            breadwinner/housewife dynamic, and this structure should be the 
            point of attack for those seeking greater gender equality. “It’s 
            about changing the organization of work; it’s not much to 
            do with attitudes,” she says. “The way work is currently 
            organized ends up pushing women out.” Understanding and recognizing 
            discrimination against mothers is important for mothers both in 
            and out of the paid workforce. It can help us to better understand 
            our experiences, what our partners are going through, and how to 
            counteract and eventually change the stereotypes and workplaces. 
            “All of this is important because women tend to blame themselves 
            when things just didn’t seem to work out after they have kids,” 
            says Williams. “More often, employers just blame women.” mmo : april 2005  Kimberly 
            Tso is a freelance writer on women, public policy and economics. 
            She lives in Los Angeles with her husband and two children. She can 
          be reached at kim@kimberlytso.com. |