Pregnancy discrimination can occur in multiple forms and can happen in a variety of instances of employment. Many women have suffered through pregnancy discrimination while being hired or promoted – or their employer terminates them, takes away their benefits, or changes their maternity leave. Some women who experience pregnancy discrimination feel that their bosses are in the right, but that’s not always true.
What is Pregnancy Discrimination?
The Pregnancy Discrimination Act of 1978 was passed as an amendment to Title VII of the Civil Rights Act of 1964. It states that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employmentrelated purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work." It also states that an employer is not required to cover health insurance for an abortion, but that’s a different story.
(Please note that this law is in effect only for employers with 15 or more employers.)
What are Some Pregnancy Discrimination Scenarios?
The Pregnancy Discrimination Act can be difficult to understand so let’s examine a couple of different scenarios.
- If you are pregnant and going on interviews for a job, the employer cannot refuse to hire you if you can perform the major functions and requirements of the job. They may not refuse to hire you because of prejudices against pregnant workers. (In fact a potential employer cannot ask you if you are pregnant or planning to have children. If you are still in your first trimester of pregnancy and not showing, you may choose to keep the pregnancy quiet.)
- Your employer must allow you to work as long as you are able to perform your job. If you are temporarily unable to do your required tasks, your boss must treat you as any other disabled employee.
- If you have a pregnancy related disability, your employer must give you the same accrual
and crediting of seniority, vacation calculation, pay increases
and temporary disability benefits, as if you were a temporary disabled employee.
The Family and Medical Leave Act, another law, can give you additional protection. If your health care provider says that you are unable to work during your pregnancy, you may be eligible to receive up to 12 weeks off of work without pay. Under this law you must also be allowed to take time off for childbirth, as well as adoption of a child or care of a sick child/family member.
What do You do if You Experience Pregnancy Discrimination?
If you find that you are suffering from pregnancy discrimination, it’s best to follow these steps.
- Document anything that occurs, noting the date, time and place of occurance.
- If you are employed through a union, speak to a union representative.
- Check any employee handbook you were given when you were hired for procedures. If you have none, speak to your employer or human resources department to find out how to file a complaint.
- Continue to work at the level of your job discription and keep detailed notes of your completed tasks, hours, and job evaulations.
- File a charge with the Equal Employment Opportunity Commission.
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