A “model” employee who claims she was discriminated against and victimised by credit card company MBNA because she was pregnant and took maternity leave has been awarded €56,315 by the Equality Tribunal.
The Equality Authority said Heather Lane started work with MBNA in October 2001 and in both 2004 and 2005 took maternity leave. Ms Lane claimed that had it not been for her pregnancy and maternity leave absences she would have been promoted by MBNA.
Ms Lane’s allegations of discrimination included
a delay by MBNA in completing her performance appraisal and the related paperwork;
the unfair, inaccurate and unreasonable appraisal which was eventually completed by her manager in May 2005;
the deterioration in her working conditions which became apparent after pregnancy and maternity leave, particularly evident in the increasingly hostile attitudes of some members of management;
The consistent failure to promote the claimant, as she reasonably expected in light of her performance history;
The failure by management to address the claimant’s grievances; and
The failure to pay pension contributions during the claimant’s maternity leave.
While on maternity leave, Ms Lane expressed an interest in applying for a vacancy in the Compensation and Benefits section of the Personnel Department. The Equality Officer of the Equality Tribunal found that shortly before returning from maternity leave, Ms Lane was discouraged from applying for this job. The job was filled by a single person with no children who did not have the relevant qualifications and who had no experience in personnel.
On her return to work Ms Lane assumed she would return to her previous position as a Reporting Analyst in the Personnel Department. However, she was told to report to the payroll section. She was given no desk and no phone for the first six weeks.
The Equality Officer found that Ms Lane was discriminated against on the gender ground under the Employment Equality Acts. He awarded her €17,000 compensation for this discriminatory treatment
Ms Lane also claimed that she had been victimised when she was offered an enhanced redundancy package if she signed an agreement to make no further claims against MBNA. She did not sign the disclaimer and as a result received a reduced redundancy package of €6,690.16 instead of €13,006.
The Equality Officer awarded her €6,315.84 (the difference between the basic and enhanced redundancy payments), and €33,000 in compensation for this victimisation.
Niall Crowley, Chief Executive Officer of the Equality Authority welcomed the award. “This case shows clearly that employees will be compensated, both for pregnancy related discrimination and for being penalised for attempting to assert their rights under equality legislation”, he said.
“Pregnancy related discrimination is a significant feature in our case files under the Employment Equality Acts. It continues to be an unacceptable barrier to women remaining in the workplace and progressing their careers”.