Common Examples of Pregnancy Discrimination in the Workplace

In many cultures, pregnancy is regarded as one of the most sacred and memorable times in a woman's life. Unfortunately, this period of anticipation and joy can be overshadowed by the stress of being laid off and having to seek new employment. This stress is often a result of pregnancy discrimination, which is not only unfortunate but also illegal.

Pregnancy discrimination can be difficult to recognize, leaving many women unsure of how to respond or even identify it. To begin addressing this issue, it is important to understand what constitutes pregnancy discrimination. Continue reading to discover pregnancy discrimination examples and how to fight against them.

What Is Pregnancy Discrimination at Work?

Pregnancy discrimination means discriminating or acting adversely towards a person based on pregnancy, childbirth, or a medical condition related to the two. State and federal laws make it unlawful and illegal to discriminate in this way and extend to various aspects of employment such as hiring, discharging, reducing pay rates, barring from training programs, refusing promotion, selection of fringe benefits, and any other terms or conditions relating to a job. Employers are required by law to treat pregnant employees the same way they would treat other employees regarding promotions, benefits, and ADA accommodations.

Main Types of Pregnancy Discrimination in Workplaces

Discrimination may take several forms and may be subtle or overt, depending on the person and situation. Check out the examples below of pregnancy discrimination in the workplace and how pregnancy discrimination attorney can help you! 

1. Lack of Job or Career Progression Opportunities 

Lack of job or career progression opportunities happens when a woman is not hired or promoted at work or is fired because she is pregnant or has young children or other dependents, with no other justification for the dismissal. Sometimes an employer may have misconceptions that the pregnant employee will become unreliable and will be distracted by pregnancy or a new baby. Employers may believe that pregnant women will take too much time off, will not be as dedicated, or will leave the job after childbirth. These misconceptions can lead to pregnant employees not being considered for promotions or not being hired.

2. Harassment or Hostile Treatment

Employment discrimination can be in the form of harassment when a pregnant employee is subjected to remarks about pregnancy, being frequently doubted over her ability to commit to work or being left out of certain workplace-related activities. Harassment can also include inappropriate comments or jokes about a woman's pregnancy, spreading rumors about her competence or commitment, or making her feel unwelcome. This type of hostile treatment can create a toxic work environment and lead to severe emotional and psychological stress for the affected employee.

3. Dismissal or Unfair Treatment 

Dismissing an employee for being pregnant or claiming that her position requires her to work without taking time off to give birth is discriminatory. Similarly, downgrading her position or reducing her wages or salary for an unfair reason, such as pregnancy or maternity leave, is also a form of discrimination. Employers might justify these actions by claiming financial constraints or reorganization needs, but if these decisions are influenced by the employee's pregnancy, they are unlawful. These actions severely impact both the financial stability and career growth of pregnant employees.

4. Failure to Accommodate Pregnancy-Related Needs

According to the law, a pregnant employee may require some accommodations for her employment, including additional breaks, adjusting working hours to allow for medical appointments, restricted lifting of heavy objects, and frequent visits to the restroom. Failure to meet reasonable requests can amount to a claim for pregnancy discrimination. For instance, if a doctor's note recommends that a pregnant woman should avoid heavy lifting, and the employer refuses to provide light-duty work, this refusal can be discriminatory. Accommodations are essential for ensuring the health and safety of both the mother and the unborn child.

5. Refusal or Reduction of Maternity Leave

Employers cannot refuse or reduce the amount of time that is granted for maternity leave. For example, if a company has a policy that allows 12 weeks of maternity leave, and an employer attempts to reduce this period or pressures the employee to return early, it likely constitutes discrimination. Maternity leave is critical for the recovery of the mother and the care of the newborn, and any attempt to undermine this right is against the law.

The examples above are for your reference and your situation may not be mentioned in this article. Even if your unique situation isn’t mentioned, it’s very likely that you have legal options and can hold your employer accountable for their discriminatory practices!

Examples of Pregnancy Discrimination Chart

Your Legal Options

If you face pregnancy discrimination, you can sue the employer and file a complaint with the EEOC (Equal Employment Opportunity Commission). The EEOC will investigate the complaint and will likely try to rectify the issue through mediation or other means. You also have the right to file a lawsuit. 

Consulting with Consumer Attorneys is highly recommended, as we can provide assistance regarding your best course of action and help you throughout the legal process. Our employment lawyers will help you compile evidence, file paperwork, and represent you in court when needed. We will also help you understand your rights and the potential remedies available, such as back pay and damages (money) for the harm you’ve endured. 

What to Do if You Are Being Discriminated Against for Pregnancy

As soon as you suspect discrimination, you should begin documenting all instances of pregnancy discrimination and report the situation to your employer right away. If it persists, you need to seek help from one of our consumer protection attorneys. You can also act by reporting the matter to the HR department at your job or the EEOC.

Reporting pregnancy discrimination in the workplace should be done within a certain time frame, therefore act fast if you feel you are being discriminated against at work based on pregnancy. It is important to follow the company's procedures and retain a copy of communication between you and the employer, HR, etc. This documentation can be critical if you decide to take legal action.