Pregnancy Discrimination

Eighty-five percent of working women will become mothers at some point during their career, and according to the United States Census Bureau, women are returning to the workplace sooner after childbirth than ever.

However, if you feel you have been discriminated against for being pregnant or for another pregnancy-related reason, you’re not alone. More than 50,000 pregnancy discrimination claims were filed nationwide in the last decade. Let's dive into pregnancy discrimination, its effects, and what you can do about it.

Defining workplace pregnancy discrimination

Workplace pregnancy discrimination encompasses the unfavorable treatment of an employee or job applicant because they are pregnant or for another pregnancy or childbirth-related reason.

Under the Pregnancy Discrimination Act  (PDA), pregnancy discrimination applies to all facets of employment, including hiring and firing, job assignments, pay rates, training, promotions, benefits, layoffs, health insurance, and other conditions and terms of employment. In addition, pregnancy discrimination occurs when pregnant employees are mistreated – subtly or explicitly – by their colleagues, managers, and boss. Things like social isolation and negative stereotyping can constitute discrimination. So, too, can lower performance expectations, shifting less preferred assignments to a pregnant employee, and rude interpersonal interactions, such as invasive comments and jokes. Even “special treatment” meant to “protect” pregnant workers can be discrimination if it results in worse job conditions for the pregnant person, like fewer responsibilities or limited opportunities for advancement at work..

The far-reaching effects of workplace pregnancy discrimination

A ground-breaking Baylor University study nvestigated the effects of workplace pregnancy discrimination. Published in the Journal of Applied Psychology , the study surveyed 252 pregnant employees about their experience in the workplace, including perceived pregnancy discrimination, stress, and postpartum depression. Researchers also measured the babies’ health, including gestational age, birth weight, and the number of visits to the doctor.

The results of the study found that workplace pregnancy discrimination has adverse effects on both the mother’s and baby’s health. Experiences of pregnancy discrimination correlated to higher rates of postpartum depression among mothers and lower birth weights and a higher number of doctor visits among babies.

Evidence to prove pregnancy discrimination

The effects of pregnancy discrimination in the workplace can be profound. If you have experienced discrimination, an employment lawyer can help you secure the compensation you deserve by collecting evidence, applying the law to your case, and fighting for your best interest.

An attorney can use two types of evidence to prove your case: direct and circumstantial.

Direct evidence of pregnancy discrimination

Direct evidence essentially proves that your employer discriminated against you knowingly and can therefore make your time in court a little easier.

What might direct evidence look like? Here’s an example. Let’s say you put your hand up for a job assignment that involved traveling across the country. In an email, your boss said something like: “You’d be my first choice for the project if you weren’t pregnant. This is a long-term role, and you won’t want to travel after your baby is born."

In this example, it’s plain as day that pregnancy (and your boss's outdated assumptions and biases) was the reason you missed out on the job.

Circumstantial evidence of pregnancy discrimination

Circumstantial evidence is not as strong as direct evidence but can still be enough to convince a judge or jury that you were discriminated against.

Circumstantial evidence generally shows that your employer made a decision they wouldn’t usually make, which may not make business sense. Let’s go back to the example above. Now, imagine your employer had been updating you on this project for months. They hadn’t outwardly stated that you’d be given the assignment, but it was assumed. When you announced your pregnancy, your boss suddenly stopped speaking with you about it. In the end, another employee, who was not as qualified as you receives the assignment.

In this case, your employer didn’t admit to acting in a discriminatory way. But when you put the pieces of the puzzle together, the picture is pretty straightforward.

Often, circumstantial evidence comes down to timing. Pregnancy is temporary, which means if a sudden change in treatment comes soon after you notify your employer of your pregnancy, you could reasonably infer that they were discriminating against you. Here are some examples:

• You were fired shortly before your parental leave kicked in.
• You were fired because of ‘performance issues,’ but other employees with similar performance issues were given a warning instead.
• Your employer has a pattern of treating pregnant employees differently. For example, they might terminate employees before they reach their third trimester.
• Employees who go out on maternity leave never seem to come back, even if they said they wanted to.

Speak with an attorney

If you believe you have been wrongfully treated in the workplace because you are pregnant or have a pregnancy or childbirth-related condition, speak with an employment attorney.

If you still have your job but feel it’s at risk, a lawyer can contact your employer and remind them that workplace discrimination is not legal. They can also guide you on how to best protect yourself and your employment. If you have already been terminated, a lawyer can review the facts of your case and advise on the best path forward. If you decide to make a claim, they can help you recover:

• Back pay – the wages you missed out on due to your employer’s discriminatory behavior
• Benefits and bonuses – other funds you were denied but were rightfully owed
• Pain and suffering – financial compensation for the stress, emotional turmoil, and other harmful effects experienced by you and your baby
  

Start the process today

Pregnancy discrimination is not legal, and if your employer acts in opposition to pregnancy discrimination laws, they are liable to pay.

If you are ready to start the process, we are prepared to help. Pregnancy should be a time of excitement and happiness, not workplace stress and anxiety. You are entitled to recover lost wages, opportunities, and benefits, as well as financial compensation for the emotional pain and suffering and lawyer fees.

Contact us today to schedule your confidential consultation with one of our experienced employment attorneys.