Pregnancy Discrimination: What It Is, Why It Matters, and How to Address It

Pregnancy is a huge milestone in many people’s lives. It’s a time of excitement, anticipation, and change. But for some, it’s also a time when their professional world gets more complicated. Pregnancy discrimination continues to be a real issue in many workplaces, despite laws meant to protect pregnant workers. This post aims to help you understand what pregnancy discrimination is, how to spot it, and what you can do about it if it happens to you.

What Is Pregnancy Discrimination?

In simple terms, pregnancy discrimination is when an employer treats an employee unfairly because she is pregnant, has recently given birth, or is dealing with any pregnancy-related medical conditions. This includes everything from being passed over for a job to being denied reasonable accommodations, or even being treated badly when you return from maternity leave.

In the U.S., pregnancy discrimination is illegal under federal law, specifically the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act. This law says that employers can’t treat pregnant workers worse than other employees who are temporarily unable to do their jobs due to illness or disability. You also have rights under the Family and Medical Leave Act (FMLA), which lets you take time off for pregnancy and childbirth without risking your job.

Despite these protections, pregnancy discrimination still happens. Many women report being treated unfairly at work simply because they’re expecting or have just had a baby.

Examples of Pregnancy Discrimination

Pregnancy discrimination can show up in a lot of different ways. Here are some common examples:

1. Being Passed Over for Jobs or Promotions

• Example: You’re pregnant and you’re told you didn’t get the promotion because your employer assumes you won’t be able to handle the extra responsibilities once the baby arrives. Or maybe you’re not considered for a job at all because they “don’t want to deal with maternity leave.” That’s illegal.

2. Denied Reasonable Accommodations

• Pregnant employees sometimes need small accommodations, like lighter duties or a more flexible schedule to manage pregnancy-related symptoms. If your employer refuses to accommodate you without a good reason, that could be discrimination.
• Example: You ask for a break to rest because of pregnancy-related exhaustion, but your request is denied, even though others are allowed breaks for non-pregnancy-related reasons.

3. Being Forced on Maternity Leave Too Early

• Some employers try to push you out the door for maternity leave earlier than you’re ready, or they might even tell you that you have to stop working before your due date, even if you want to keep working longer.
• Example: You’re told that you need to start maternity leave at a certain time even though you feel fine and want to keep working for a few more weeks.

4. Negative Comments or Harassment

• It’s never okay for co-workers or managers to make negative or inappropriate comments about your pregnancy. If you’re being constantly asked when you’re going to “leave” the workplace for good, or if you hear comments like “you’re going to quit once the baby is born,” it can create a hostile work environment.
• Example: Colleagues ask you why you’re still working while pregnant, or they assume you’ll be less committed to your job once you become a mom.

5. Discrimination Due to Pregnancy-Related Health Issues

• Pregnancy can come with complications that require time off or special accommodations. Employers who refuse to let you take medical leave or make necessary adjustments to your duties may be discriminating.
• Example: You need to go to doctor’s appointments for a pregnancy-related condition but your employer penalizes you for taking time off to attend them.

How to Address Pregnancy Discrimination

If you think you’re being discriminated against because of your pregnancy, there are steps you can take to protect yourself and address the situation. Here’s what to do:

1. Keep Track of Everything

• Start documenting everything that happens. If you’re treated unfairly, keep notes of dates, what was said, and any actions that were taken. If you have emails, texts, or other written communications related to the issue, keep those too. This documentation will help if you decide to take further action.

2. Know Your Rights

• Educate yourself about the laws that protect pregnant workers. The Pregnancy Discrimination Act (PDA) ensures that you can’t be treated differently just because you’re pregnant. And the Family and Medical Leave Act (FMLA) allows you to take unpaid, job-protected leave for pregnancy and childbirth.
• It’s also important to know that you can request reasonable accommodations, like taking breaks, modifying tasks, or adjusting your schedule to handle pregnancy-related health issues.

3. Talk to Your Employer

• If you feel comfortable, try to have an open and honest conversation with your boss or HR. Sometimes, pregnancy discrimination is a result of misunderstanding, or the employer might not even realize what they’re doing is illegal. Having a direct conversation might resolve the issue.
• Be clear about your needs and rights. If you need a reasonable accommodation, don’t hesitate to ask for it.

4. File a Complaint

• If informal conversations don’t solve the issue, you have the right to file a formal complaint with the Equal Employment Opportunity Commission (EEOC). They’ll investigate the situation, and if they find evidence of discrimination, they can take action against your employer.

5. Consider Legal Help

• If things don’t improve and you’re unsure what steps to take, it may be wise to consult with an employment lawyer who specializes in discrimination cases. They can guide you on how to move forward and ensure your rights are protected.

Why It’s So Important to Address Pregnancy Discrimination

Pregnancy discrimination isn’t just bad for you as an individual—it’s bad for everyone. When pregnant workers are treated unfairly, it can reinforce gender inequality in the workplace. It can also hurt your career in the long run, leaving you feeling unsupported and even causing stress or emotional harm.

By addressing pregnancy discrimination, we can create more inclusive and supportive workplaces, where employees feel valued no matter their personal life stage. And when employers stand behind their pregnant employees, it fosters loyalty, increases job satisfaction, and creates a positive environment for everyone.

Conclusion

Pregnancy discrimination is illegal, but it still happens all too often. By understanding what pregnancy discrimination looks like and knowing your rights, you can protect yourself and advocate for fair treatment. Remember, pregnancy is a personal experience, and every worker deserves to be treated with respect and dignity—both during and after pregnancy.

So, whether you’re expecting a baby or supporting a colleague who is, know that there are laws in place to protect workers from pregnancy-related discrimination. Let’s work together to make the workplace a place where everyone—no matter their stage of life—has the chance to thrive.