Guide: Pregnancy In The Workplace

According to the U.S. Equal Employment Opportunity Commission, more than 31,000 pregnancy-related discrimination complaints were filed with the organization between 2010 and 2019.

“Unfortunately, pregnancy discrimination is still very real, from subtle comments to outright firing,” explains Amy Beacom, Ed.D, founder and CEO of the Center for Parental Leave Leadership.

Fortunately, “this is slowly changing, and more and more people are becoming aware of discrimination’s effects on working women and their families,” she adds.

In this guide, we’ll help you learn more by outlining your workplace rights as a pregnant employee, providing examples of related discrimination, explaining how you should proceed if you experience discrimination in the workplace, and outlining how you can find pregnancy-friendly employers.

Workplace Rights for Pregnant Employees

Several laws make it illegal to discriminate against a pregnant employee. Here, we’ll take a closer look at the key players.

Pregnancy Discrimination Act

First, the Pregnancy Discrimination Act (PDA) makes it illegal to discriminate against women who are or were pregnant, who intend to become pregnant, who have a pregnancy-related medical condition, or who have had or are considering an abortion.

This act applies to any term or condition of employment, including:

• Hiring;

• Firing;

• Compensation;

• Job responsibilities;

• Promotion to a higher position;

• Job-related training;

• Layoffs;

• Any other employment terms or conditions.

Next, let’s look at how the Americans with Disabilities Act responds to pregnancy discrimination in the workplace.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) may also come into play if pregnant worker temporarily cannot perform their job duties due to a medical condition, such as hypertension (high blood pressure) or gestational diabetes.

In these instances, an employer must treat the employee the same as any other with a temporary disability, as long as it doesn’t present an undue hardship for the employer. Typical accommodations include light-duty, alternative assignments, modifications to existing assignments, paid disability leave, or unpaid leave.

The act also makes it unlawful for employers to harass a woman because of her pregnancy, thereby creating a hostile work environment, whether during her pregnancy, following childbirth, or related to a medical condition caused by her pregnancy.

The harasser can be a supervisor, whether in the employee’s area or another department, a coworker, or a client or customer.

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) of 1993 allows parents, including foster and adoptive parents, to take up to 12 weeks of paid or unpaid leave to care for a new child.

To qualify, the employee must have worked for the employer for at least 12 months and at least 1,250 hours prior to taking leave, and the employer must have at least 50 employees.

State Laws

It’s crucial to emphasize that in addition to the PDA and FMLA, many states and local municipalities have laws in place that protect pregnant women against discrimination in the workplace, including those related to family leave, civil rights, and disabilities.

For example, Colorado law prohibits employers from discriminating against pregnant employees, including those recovering from childbirth or a related condition. On the other hand, pregnancy accommodation laws only apply to state employees in Texas.

Examples of Pregnancy Discrimination in the Workplace

Refusing to Hire Because a Prospective Employee is Pregnant or Plans to Become Pregnant

By law, companies cannot refuse to hire an employee because they’re pregnant, plan to become pregnant, or just gave birth. This includes asking female but not male applicants about their child care responsibilities.

Firing or Discriminating due to Pregnancy

Even if a manager or a supervisor believes that an employee won’t be able to fully meet all of their current job demands due to pregnancy, they cannot fire or otherwise discriminate against the employee, even if it’s done out of concern for their health or that of their unborn child.

Instead, it’s up to the employer to provide reasonable accommodations while the employee is pregnant.

Refusing to Provide Reasonable Accommodations

It’s illegal to withhold reasonable accommodations from a pregnant employee that would otherwise apply to other employees with different medical impairments.

For example, suppose a worker breaks their arm, can’t complete their normal job functions, and is assigned light-duty work until their arm heals. In that case, the employer must also provide light-duty work for pregnant employees who can’t perform their standard job duties.

In many instances, pregnant employees will need a note from their doctor indicating which accommodations need to be put in place and for how long.

Not Providing a Space for Pumping Breast Milk

A prime example of reasonable accommodation is providing a space where mothers can pump breast milk.

Specifically, as long as it doesn’t create “undue hardship” for the company, employers must provide a safe and private place (other than a bathroom) at work where mothers can pump.

Reassigning Employees to Different Jobs or Not Considering Them for a Promotion

Even if an employer believes they’re looking out for an employee’s health or wellbeing, as long as the worker can do their job, the company cannot persuade or force the employee to take a less stressful, less prestigious, or lower-paid position.

They also cannot refuse to promote the employee because they’re pregnant or recently gave birth.

Retaliation for Filing a Pregnancy Discrimination Complaint

Employers cannot retaliate against an employee for filing a pregnancy-related discrimination complaint, including demoting, firing, or harassing. They cannot retaliate for opposing pregnancy discrimination in the workplace or participating in a pregnancy-related discrimination proceeding.

For example, an employee files a discrimination complaint, and the employer decides to reassign them to a lower-paying position and subjects them to frequent verbal harassment. After the employee complains, the employer then fires them, all of which are against the law.

Reducing a Pregnant Employee’s Medical Leave

An employer cannot deny a pregnant employee the same medical leave as another employee with a different reason for leave.

For example, if an employee is injured on the job, cannot work, and is granted medical leave until they heal, the employer cannot deny the same leave to another employee because they’re pregnant.

Employers also can’t force pregnant employees to use their sick leave before other types of leave, force them to take shorter leave or stop employees from taking unpaid leave while they’re pregnant.

What to Do If You Experience Pregnancy-Related Discrimination in the Workplace

Be Your Own Advocate

Be assertive about what’s reasonable for you during your pregnancy. Set boundaries and put your foot down if your employer oversteps them, which will signal to management that you need support.

Report the Discrimination to Your Employer

Suppose you experience pregnancy-related workplace discrimination or harassment. In that case, regardless of whether it’s coming from a supervisor, another employee, or a client or customer, the first thing you should do is learn more about the company’s established procedures or protocols, as well as what your legal rights are.

Looking in your employee manual or other personnel policies can be a great place to start. If you can’t find the information you need, reach out to your company’s human resources department for assistance.

Then, if you choose to proceed, you can file a formal complaint. Once your report is filed, the employer is legally obligated to prevent future discrimination or harassment from occurring. Keep in mind that if your manager’s interpretation of the events is different than yours, you might need to report your concerns to a higher-up supervisor.

If you’re a union member, you can also file a formal grievance with the help of a shop steward or other union official.

Reach out to the Equal Employment Opportunity Commission

After reaching out online or over the phone, the EEOC will put you in touch with an EEO Counselor. They’ll take some basic information, discuss your rights and responsibilities, and help all parties involved come to a mutually agreeable resolution.

The EEOC can also investigate your discrimination complaint and help you decide how to proceed afterward.

Take Legal Action

If none of the above solves the problem, you may need to take the next step and enlist the help of a legal professional.

Tip: The Center for WorkLife Law (see resources below) publishes a list of standard accommodations for different pregnancy-related medical issues. They can also help you write a letter to your employer and connect you with lawyers.

Keep in mind that in order to file a suit, the discrimination will need to have occurred within the past 180 days for complaints that fall under the Pregnancy Discrimination Act or 300 days for those under state or local employment discrimination laws. These numbers drop to 45 days for federal employees.

You’ll also need to provide evidence that you were discriminated against and that a similarly situated employee was treated differently or more favorably. Then, the employer will have to outline the reason for treating you differently and demonstrate that you weren’t discriminated against.

How Companies Can Prevent Pregnancy Discrimination in the Workplace

Pregnancy discrimination in the workplace creates a toxic environment, decreases employee performance, increases turnover, harms the company’s reputation, exposes the organization to litigation, and makes it more difficult to attract and retain talent.

There’s even evidence that discrimination can harm a woman’s health, as well as the health of her unborn child.

On the other hand, providing a supportive work environment and making reasonable accommodations for pregnant workers, as well as employees caring for a parent, spouse, or child, improves morale, mental health, and productivity.

Creating an Inclusive Workplace Culture

To achieve success, employers need to establish a workplace culture where pregnancy discrimination doesn’t occur. This involves:

• Providing flexible schedules;

• Ensuring employees understand their rights and available support, along with the company’s benefits and expectations;

• Keeping communication channels open;

• Providing planning assistance for leave;

• Normalizing breastfeeding in the workplace.

• Making sure a pregnant worker’s legal rights are clearly outlined in the company’s employee handbook.

Another essential facet is offering educational and training sessions. “Companies need to be sure they are training their managers on how to interact with expecting employees around parental leave,” Amy explains.

If they don’t offer it, companies are subject, not just to lawsuits, but also to earning a bad reputation as somewhere parents should not work.

“Companies can not afford either in today’s market,” she adds. “Treating all employees with care, thoughtfulness, and humanity is never a bad look.”

Avoiding Common Stereotypes or Biases

Caring for their families won’t interfere with female employees’ ability to succeed at work. Nor are they less committed to their job than other employees, they’re not weaker or less competent, and they don’t necessarily prefer to spend time with their families rather than at work.

These are just a few of the many stereotypes and biases related to pregnancy in the workplace. And if managers or supervisors hold them, it can lead to discrimination, whether intentional or otherwise.

How to Identify a Pregnancy-Friendly Workplace

According to Stacey Kane, Business Development Lead for EasyMerchant, “it is critical for employers to identify the distinct and specific needs of pregnant workers.”

To find companies that actively address this need, she recommends looking for those that offer flexible working hours. “Companies who do so value their pregnant employees and recognize the importance of their safety and general wellbeing,” she says.

She adds that another essential trait to look for is employers that “give pregnant workers a safe environment to seek guidance.”

You’ll also want to focus on employers who have formal policies and procedures in place that protect pregnant employees from harassment, discrimination, or harm, as well as those who are willing to make changes to support a safe work environment.

Employers should also ensure that all staff members (not just those who are pregnant) are informed about the company’s policies and that new parents are fully supported as they reintegrate into the workplace after giving birth.

Interview Tips for Pregnant Workers

Before you interview, it’s critical to understand which pregnancy-related questions are acceptable and which ones the employer cannot ask.

“Be on the lookout for inquiries regarding your family, or if you want to start one in the future,” Stacey advises. With this said, it’s generally a good idea to disclose your pregnancy at some point in the interview, as doing so can make you appear more dependable, honest, transparent, and a team player.

With this said, if the conversation deviates into an inappropriate territory, make sure to redirect it to more pertinent issues.

For example, “if you start getting questions about your maternity leave plans,” she explains, “make it clear that you want to understand your alternatives before making a decision, and then return the conversation to pertinent issues.”

“Ultimately, you are your own greatest advocate, so make sure you plan ahead of time by understanding what to say and your rights,” she adds.

Additional tips include:

• Once you’ve disclosed your pregnancy, be prepared to answer questions about when you anticipate your maternity leave will start and end;

• While there’s no harm in disclosing your pregnancy, make sure that you don’t over-stress this fact in your interview. You will probably need to take a leave of absence, although you should emphasize that it won’t prevent you from handling your role;

• Along these same lines, take a brief opportunity to outline how you’ll cover your duties during your maternity leave;

• As with any interview, it’s essential to have some questions prepared for the interviewer. If you disclose your pregnancy, you can ask about the benefits offered by the company, their leave policies, and whether the leave is classified as paid or unpaid.

Next, we’ll take a look at some resources that can help you learn more.

Resources for Pregnant Workers

• The Center for WorkLife Law — The Center’s Pregnant @ Work Initiative provides tools and educational materials for pregnant and breastfeeding workers.

• A Better Balance – Pregnant Workers Fairness — An organization that helps pregnant women “secure and enforce a clear right to reasonable workplace accommodations.”

• U.S. Department of Labor – Pregnancy Discrimination — Provides detailed insight into the Pregnancy Discrimination Act of 1978.

• Occupational Safety and Health Administration (OSHA) – Office on Women’s Health — Helps pregnant women understand their workplace rights.

• Workplace Fairness – Pregnancy Discrimination — Discusses the many facets of pregnancy discrimination in the workplace.

• Center for American Progress – Women’s Initiative – Covers many women’s-related issues, including pregnancy in the workplace.

• U.S. Equal Employment Opportunity Commission – Among other things, the EEOC helps women learn more about workplace discrimination related to pregnancy and assists with complaints against employers.

• American Civil Liberties Union – The ACLU’s pregnancy discrimination map outlines which states have pregnancy accommodation laws in place and which do not.

Author

Chris Kolmar

Chris Kolmar is a co-founder of Zippia and the editor-in-chief of the Zippia career advice blog. He has hired over 50 people in his career, been hired five times, and wants to help you land your next job. His research has been featured on the New York Times, Thrillist, VOX, The Atlantic, and a host of local news. More recently, he's been quoted on USA Today, BusinessInsider, and CNBC.