Alpha Corp. is a multinational firm, headquartered in Maryland, but with subsidi

Question

Alpha Corp. is a multinational firm, headquartered in Maryland, but with subsidiaries it wholly owns all over the world. Jackie works for one of its subsidiaries in the Ukraine. Jackie is a U.S. citizen, but has worked in the Ukraine subsidiary for over ten years. Over the years, her managers have made sexist comments in passing towards some of the females that are at the associate level. Mostly they are comments that “it’s a waste to train women as they are just going to get pregnant and want a lighter schedule once the babies arrive,” or, that women would be “too emotional” to make the tough management decisions. Note, that these comments are mostly made in break rooms between the male managers, and they try to hush their remarks when they see women passing by.

Jackie is up for a promotion to management. She’s had excellent work reviews the whole time she is there. However, she finds out that she is pregnant, and she has asked for maternity leave (which the company offers 2 months paid leave for all employees). When she comes back to work after maternity leave, she finds out that Paul, who has only worked there for 5 years, received promotion to management.

Please answer the following question and provide legal reasoning: What if the law in the Ukraine is that those employees with a particular license must be promoted within 5 years, and Paul has this license but Jackie does not. Can this be used in the discrimination suit? Why or why not, and how would it affect the suit?

Explanation / Answer

Different countries have different employment laws and in the same way, different companies have different rules and regulations. Both will be turned against Jackie in this case.

Especially if the Ukrainian Labour Law states that people only need five years minimum period to get promoted and require a local license, then Jackie has almost zero percent chance to win the legal suit. Besides, at times courts may favour patriotism and give a verdict against Jackie.

Another argument will be break of service while she was on the maternal leave. This will nullify the claims of Jackie in the discrimination suit. The comments that are passed in the work place won't come into the picture unless she risks her job.

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