Discrimination Against Adoptive Families

cheepan — Fri, 03 Aug 2018 14:43:24 +0800

Hi guys,

So i sent this to my company, which is self-explanatory:

QUOTE

Dear redacted,

I hope this email finds you well.

Earlier this year, in March 2018, me and my wife decided to adopt after 5 years of trying to conceive naturally. It has been a very challenging and rewarding year for us.

Yesterday, redacted , told me that I might be eligible to receive gift from redacted for our child. After submitting the legal adoption papers to HR yesterday, I got the news today that my child is not eligible to receive the gift.

I don’t really need the gift, but I find it really appalling that my child is being judged just because she was adopted, especially in these day and age where people is trying to be more open and inclusive. I believe this is discrimination against adoptive parents/child in a workplace. It was bad enough that as adoptive parents we are not eligible to get maternity or paternity leave, but now my child is discriminated as well due to her status. I am really shocked and heartbroken.

I strongly urged redacted to stop with this unfair policy. For the sake of our children, please provide the same supports and benefits to ALL families in redacted. Our families, most importantly, our children, deserve to be treated equally, not matter how they come together.

and this is the reply I got:

QUOTE

Dear redacted

I am sorry if you feel this is discrimination and your child has been judged, where this is not the case and it is totally out of context.

First of all, we must understand, newborn gifts is not an entitlement. It is a contribution in kind from the company to the employee. Most often, newborn gifts practice is always ties to Maternity and Paternity Leave for easy reference and practices.

We do not have precedent in giving out newborn gift to adoption cases in the Company. There are also many types of adoption cases could happen which anyhow, will lead to arguments and/or disagreements. Thus, I have made the decision to stay in original practice where we only give the gifts to newborn by the employee or the 1st legal spouse.

It is inappropriate for your to accuse the company being discriminating towards adopted child which it has nothing related to the matter. I hope you understand that we have our role to play in term of executing and interpreting the policies and practices to avoid unnecessary issues. In paternity leave definition, it is stated clearly that it is for the birth of a child from the 1st legal spouse. It is a common practice and which serve the purpose of paternity leave for the husband to be with the spouse in the birth process. It may not the best practice and/or Companies in Malaysia should re-look at our mindset in recognizing matters like this. However, it is the current practice and we have adopted the practice. We could also argue that why only the 1st legal spouse where Muslims are eligible to 4? I would like to think that the 1st legal spouse is set to avoid discrimination in different races, I don’t know, but are we going to use discrimination here again? Even in Syariah Law, anak angkat will not be treated the same as anak kandung when come to entitlement etc. Are we going to say this is discrimination?

From the document you have submitted, your child adoption is legal and thus, the other eligibilities for family members will apply. For example, compassionate leave, children education excellence that organized by the sports club etc. If the company decided to embark on Family medical benefits, your child will be included internally as it is a legal adoption.

Redacted always practices harmonies at work and so far, we have not practiced discrimination in any ways. Your statement has been unfair to the company and it is not appropriate at all in this matter. I believe the company has done it best always to take care of the staff welfare even in the soft economy. However, it is impossible for any company to take care of ALL families welfare and it is also the individual responsibilities. I would agree with you that it is a good suggestion for us to think about our practices and ways to improve our practices, but the word discrimination and your statement is way too strong and inappropriate in this case.

You may call me if you require further clarification.

Am I being to sensitive about this because I'm still pissed.

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