Pregnancy Discrimination: Knowing and Safeguarding Rights to Ensure Fair Treatment in The Workplace

By Moon Harper

May 27, 2024 06:43 AM EDT

Pregnant Woman — (Photo : Unsplash/Ömürden Cengiz )

While pregnancy discrimination permeates every aspect of the workplace, employers cannot ask about the family plans of pregnant individuals, which, on the other hand, they are not obligated to disclose.

Three Main Types of Pregnancy Discrimination:

Discrimination during the hiring process
Discrimination during pregnancy
Discrimination upon returning to work

Pregnancy discrimination covers termination, retaliation, or denying time off for pregnant employees.

Discrimination During the Hiring Process

As outlined in the Pregnancy Discrimination Act of 1978, hiring managers are prohibited from asking about a person's pregnancy status or future family plans, even if a candidate is visibly pregnant during an interview. On the contrary, pregnant individuals can inquire about the company's insurance, benefits, and maternity leave policies, and in certain states, short-term disability can also be applied to pregnancy.

Discrimination During Pregnancy

Employees are not obligated to disclose their pregnancy to employers unless they need specific benefits related to pregnancy, such as accommodations or maternity leave. In such instances, they may need to inform their employer and, in some cases, provide a doctor's note as evidence of their condition.

Discrimination Upon Returning to Work

Employers are generally not allowed to alter the job or role of a pregnant employee, except in cases where the change involves a promotion or a position with equal or higher pay that may be more manageable for the employee.

Know Your Rights: 7 Things to Know About Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) bars discrimination in various employment aspects, such as hiring, firing, promotions, pay, and benefits. It outlaws policies that restrict women from certain roles due to pregnancy or age and those that disproportionately affect women based on pregnancy or potential pregnancy.
The Pregnancy Discrimination Act (PDA) applies solely to workplaces with 15 or more employees. For organizations with fewer than 15 employees, local Department of Labor Women's Bureau offices must be consulted to explore potential assistance from state or local agencies.
Employers are prohibited from terminating employees for filing a complaint against them under the Pregnancy Discrimination Act, provided the complaint is made in good faith.
Being pregnant cannot be grounds for bypassing someone for a promotion.
If you take pregnancy or maternity leave, your employer is required to keep your position open for the same duration as they would for an employee on sick or disability leave.
You are not obligated to disclose your pregnancy or family plans to potential or current employers, as refusal to hire based on pregnancy is illegal as long as you can fulfill the job requirements.
Unmarried pregnant individuals may face different treatment, depending on the workplace. Some courts have ruled that religious or youth-focused organizations can discriminate against employees for violating principles against premarital sex. However, these employers must show equal treatment regardless of gender, and pregnancy benefits cannot be restricted to married employees in most organizations.