Common Examples of Pregnancy Discrimination in the Workplace

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12 Jul, 2024
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man fires woman because she is pregnant

Spot Pregnancy Discrimination with these examples! Know Your Rights and Seek Justice!

Pregnancy discrimination at work is illegal and can manifest in various forms, including harassment, unfair treatment, and termination. Read examples of pregnancy discrimination to learn your rights. Understand the steps you can take to protect yourself if you face discrimination due to pregnancy or childbirth.

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

Type of DiscriminationDescriptionExamples
Lack of Job or Career ProgressionOccurs when a woman is not hired or promoted, or is fired due to pregnancy or having dependents, without other justification.Not being hired, being passed over for promotion, unjustified dismissal.
Harassment or Hostile TreatmentInvolves remarks about pregnancy, doubting her ability to commit to work, or exclusion from workplace activities.Inappropriate comments, rumors about competence, being left out of meetings.
Dismissal or Unfair TreatmentFiring an employee for being pregnant or downgrading her position or wages unfairly.Unjustified termination, reduction in salary, position downgrades.
Failure to Accommodate Pregnancy-Related NeedsNot providing necessary accommodations for pregnancy-related needs.Refusal to allow extra breaks, not adjusting work hours, denying light-duty work.
Refusal or Reduction of Maternity LeaveDenying or reducing the legally entitled maternity leave period.Pressure to return early, refusal to grant full leave period.

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.

Frequently Asked Questions

Pregnancy discrimination is very common! In fact, over 20% of women have considered willingly leaving their places of employment because of a lack of accommodations or due to their fear of discrimination, and over 20% have faced some form of discrimination when seeking medical care. It is common for pregnant employees to claim that they were either given unfavorable schedules, not promoted in their workplace, or even fired after they revealed their pregnancy status to their employers. Many women also report facing “subtle” forms of discrimination, like being excluded from important projects or not being considered for advancement opportunities. 

Imagine coming to work one morning only to be told that you have been fired from your job. If you are fired when you are pregnant or shortly after informing your employer that you are pregnant, it is likely that your employer’s actions are considered pregnancy discrimination, which is prohibited by law. The timing is crucial! If there appears to be a direct link between announcing pregnancy and being fired, seek legal advice from an employment attorney immediately! An attorney can help you understand your rights, compile critical evidence that will support your case, and represent you in negotiations or court proceedings.

Several laws forbid pregnancy discrimination including Title VII of the Civil Rights Act, The Americans with Disabilities Act (ADA), The Family and Medical Leave Act (FMLA), and more. All these laws work together to ensure that pregnant employees are treated like similar employees, pregnant or not. The FMLA provides qualifying employees with up to 12 weeks of leave for childbirth and to care for a newborn, among other things. Employers must follow these laws and provide the necessary accommodations and protections for pregnant employees. If your rights have been violated, you can consider filing a lawsuit against the employer. 

Some indicators of pregnancy discrimination include being demoted to a lower position, being prevented from engaging in certain tasks, being denied reasonable workplace adjustments recommended by your doctor, being harassed and ridiculed for being pregnant, or even being terminated. Other signs include being passed over for training or professional development opportunities, receiving unjustified negative performance reviews, or being pressured to take leave earlier than planned. If you experience any of the signs mentioned, you should seek legal advice immediately to learn your rights including how to file a report with the EEOC and a lawsuit when necessary. 

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Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more

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