It’s surprising that even in 2020, women are still experiencing discrimination due to pregnancy. In 2019, the EEOC saw more than 3,000 claims of pregnancy discrimination filed with the agency and more than $22 million in settlements for the claims.Pregnant women already have many concerns, but their livelihood should not be one. Many women successfully balance their careers with family obligations. But for all of the family-friendly corporate policies in US companies, pregnant women still encounter a considerable amount of maltreatment from their supervisors and employers.
What Is Pregnancy Discrimination?
An employer discriminates against a pregnant employee when they treat her unfavorably as a result of her pregnancy, childbirth, or maternity-related conditions.This can take the form of:
- Demoting or firing an employee who is pregnant
- Refusing to hire an applicant due to her pregnancy
- Giving other employees reasonable accommodations for their medical conditions but denying them to pregnant women, such as light-duty, flexible schedules, etc.
- Denying pregnant women and mothers advancement opportunities that are available to other employees, especially male employees.
Many women don’t file complaints because they either fear retaliation (such as being fired), they can’t afford an attorney or they aren’t even aware that what’s happened is, in fact, illegal.
What The Law Says
Federal law protects pregnant women in several ways:First, Title VII of the Civil Rights Act of 1964 offers essential legal protection from sex discrimination of any kind.The Pregnancy Discrimination Act of 1978, which specifically prohibits discrimination based on pregnancy, childbirth, and related medical conditions. Employers are required to treat pregnant employees the same as any other employee with a medical condition regarding to benefits, including healthcare, that are similarly affected with a medical condition that temporarily limits their ability to work or prevents them from working.The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination against disabled workers by companies with more than 15 workers. Conditions related to pregnancy (i.e., preeclampsia, gestational diabetes) are legally classified as disabilities. A woman cannot be harassed, denied advancement, or terminated on account of pregnancy. She also cannot be denied reasonable accommodations such as a flexible work schedule, break time, or “light duty.”The Family Medical Leave Act (FMLA) allows all employees to take 12 weeks of unpaid guaranteed to leave in a 12-month time frame for pregnancy and childbirth, adoption, as well as other qualified medical needs. The US Department of Labor has a fact sheet available on their website.The State of Missouri’s law requires employers to regard pregnancy-related disabilities as temporary, and identical to any other temporary disability just like any other employee. This includes miscarriage, childbirth and recovery, and legal abortion.Additionally, an employer is prohibited from terminating a temporarily disabled employee if their leave policy is insufficient, and that the company’s policy impacts employees of one sex and is not justified by a business necessity.The US Department of Labor’s website has a map of all 50 states where you can find out more about protection for pregnant and nursing mothers.
What To Do If You Believe You Are Targeted
If you believe you’ve been discriminated against due to your pregnancy, there are legal options available to you.Begin taking notes of things you notice at work that you see, such as:
- Layoffs or terminations targeting pregnant women (or any protected class, such as minority women)
- Employees who are given reasonable accommodations for an injury, but you are denied
- Inappropriate remarks made about your pregnancy or those of other female employees
- Comments that imply that you are no longer up to the job because of pregnancy or children
- Changes in your job, responsibilities, or anything else that’s “different” after notifying your supervisor of your pregnancy
- Opportunities that are not offered or denied
- Advancements of some employees but not others (especially under-qualified employees)
The EEOC offers a list of facts about pregnancy discrimination, and can also file an EEOC complaint.If you believe you’ve been the subject of pregnancy and maternity discrimination, discuss your case with a Kansas City employment law attorney to learn more about your options.
Pregnancy-Related Discrimination At Work? Call the Employee Rights Attorneys at KC’s Popham Law
If you’ve been mistreated, demoted, fired, or otherwise discriminated against as a result of pregnancy or maternity, you can fight back. Discrimination against women for pregnancy and pregnancy-related conditions is illegal in Missouri and all 50 states. Popham Law has helped many female employees who have been mistreated at the hands of an employer.For a free consultation with the KC employment attorneys at Popham Law, contact our law office today at (844) 243-2288.
