Assignment task: Susan works in the office of a community health centre and has been on maternity leave twice. Her manager, Jason, sees maternity as an unfair burden on the employer in the workplace. Fearing Susan will take maternity leave a third time, Jason promotes far less qualified and experienced people over her and singles Susan out to work overtime, which he knows makes her life very difficult. He hopes these actions will cause her to leave. Susan decides she has had enough of Jason's behaviour and wants the matter resolved in court. She consults a lawyer and is made aware of how her rights have been violated.
Q1. Jason feels that when he promoted less experienced men instead of Susan, he was not being discriminatory because Susan was probably going to go on maternity leave again, where a man would not. He feels he was only doing it to keep the organisation running smoothly. What law is Jason breaking and why?
Q2. Was the best person promoted for the job when all things are taken into consideration? If not, what legislation covers this and how?
Q3. Under human rights legislation, what right has been infringed in this case?
Q4. Jason feels that his position on this matter is valid, as maternity leave places an unfair burden on the employer. Why is he wrong?