Forty years ago, the U.S. Congress passed a law to protect women from pregnancy discrimination in the workplace. But, despite this, pregnant employees continue to experience prejudice every day. Take Chelsea Glasson, for example. She filed a lawsuit against one of the world’s tech giants in 2020 after unfair treatment during her second pregnancy. She also states that pregnancy discrimination is on the rise. In this article, we will outline six examples of how this continues to happen. But before we do that, we’ll share what the law says about it.
How the Law Protects Women from Pregnancy Discrimination
Congress passed the Pregnancy Discrimination Act (PDA) back in 1978. This law forbids employers from using pregnancy as a reason not to recruit, promote, or remunerate their staff. But it also serves as a way to protect women from the very harmful consequences of pregnancy discrimination. These include loss of income and loss of health insurance. But they also include risks to the health and welfare of both mother and baby from the stress felt from a job loss. Yet, despite the existence of this long-established law, a 2016 report revealed more than 30,000 women filed pregnancy discrimination charges with the U.S. Equal Employment Opportunities Commission (EEOC) between 2011 and 2015. So, while it’s prohibited to do so, some employers still use pregnancy as a reason to discriminate. And with that in mind, let’s review some of the main reasons this continues to prevail.
Denying Pregnant Employees a Promotion or Benefits
Employers often stumble into pregnancy discrimination suits unaware of the errors they’ve made. Because, when they overlook or deny pregnant employees for a promotion, it can lead to civil action. Some reasons include:
- “Since you’ve become a mother, we didn’t think you’d want the job.”
- “You were on maternity leave when the role came up.”
- “Your condition presents a health and safety concern.”
- “Other employees showed the required skills (when pregnant employees also have the right skills!).
It’s also illegal to withhold benefits from expectant mothers, to dock their pay, or demote them. And this also applies if the woman is not married. So, even if your company values go against an out-of-wedlock pregnancy, you will break the law by withholding the usual support.
Firing an Employee Because They’re Pregnant
Believe it or not, some managers choose to fire pregnant employees. Unfortunately, this can put the health of both new mothers and their babies at risk. And even though it’s forbidden under federal law, it’s one of the more common reasons for ex-employees to file charges of pregnancy discrimination. This is surprising, particularly when companies can save money and increase productivity when they make efforts to keep staff. Want to find out more? Read our article on staff retention and performance management.
Not Selecting a Candidate for a Job Because They’re Pregnant
Under federal law, and the laws of most states, employers cannot advertise a job stating that candidates “should not be pregnant.” However, this does not stop many employers from using someone’s pregnancy as a factor in their hiring decisions. If you try to reject an applicant with a reason of “concerns over health and safety” or because “you need someone to hit the ground running” then you’re breaking the law. And remember, while there’s no law stating you must provide paid maternity leave, more than half of employers in America do offer this benefit.
Factoring Pregnancy into Redundancy Decisions
Being a pregnant employee, or on maternity leave, should not be a reason for any employer to select someone for redundancy. Of course, in the case of a genuine redundancy situation where many employees’ jobs will “go” then it’s something you can’t avoid. Is redundancy possible for a pregnant employee of your team? Let us know. We remove the burden for employers during the redundancy process.
Not Making Reasonable Accommodations for an Employee’s Return
If an expectant mother cannot carry out the duties of her job because of an associated medical condition, the Americans with Disabilities Act (ADA) states that she should be treated the same as any temporarily disabled employee. This means employers must make reasonable, appropriate accommodations to support any medical conditions that arise from an employee’s pregnancy. Employers also have a legal obligation to offer the correct facilities for new mothers, such as a safe place for them to express their breast milk.
Making Inappropriate Comments About Someone’s Pregnancy
Harassing a woman because she’s pregnant, has given birth, or has a related medical condition is unlawful. Should any harassment create an atmosphere that becomes hostile or offensive, it becomes illegal. Be mindful of cultivating a workplace culture with appropriate levels of respect and discretion. You should also be attentive to a negative environment and seek ways to stamp it out.
How America’s Back Office Can Help
America’s Back Office gives exceptional, employer-level HR support to mid-sized businesses with up to 2,000 employees. As a certified professional employer organization (CPEO), we meet the strictest guidelines and IRS-set expectations. And because of this, our clients know they can trust us to deliver. With pregnancy discrimination on the rise since 2020, we can help your organization to manage this difficult area with ease. Contact our expert team with your query and we’ll be happy to help.
