Pregnancy discrimination is on the rise

Eve Tahmincioglu • Profile • E-mail

I think I should set the record straight about something quite a few readers ask about: Pregnancy discrimination is indeed illegal.

You hear that, employers out there?

You cannot refuse to hire a woman because she is pregnant. You cannot fire her because she is pregnant. You cannot demote her or dock her pay because she is pregnant. Even if you ask a woman about her child-rearing plans, and don’t do the same of your male job applicants or employees, that’s a no-no.

Seems pretty basic. Alas, not to everyone.

Despite the fact that we supposedly live in a society that is becoming more understanding, and corporate America tells us more supportive, of work-life balance, the number of pregnancy discrimination complaints across the country is actually on the rise, big time.

“The increase in pregnancy discrimination charge filings and lawsuits is cause for concern,” says David Grinberg, a spokesman for the Equal Employment Opportunity Commission. Such charges filed with the EEOC, state and local agencies jumped nearly 19 percent to a record 4,901 last year, from 3,977 in 1997. And, he adds, “pregnancy discrimination lawsuits by EEOC have increased about threefold from six or fewer per year in the early to late 1990s, to 16 or more per year since 2001.” 

Oops. Looks like many employers forgot to read the Pregnancy Discrimination Act, which is an amendment to Title VII of the Civil Rights Act of 1964: Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. (See sidebar for an overview of your rights.)

Aside from blatant discrimination, one of the most contentious issues among pregnant women and their employers is how much time an employee is allowed to take after the baby is born, says Elaina Smiley, a Pittsburgh employment lawyer who herself recently returned to work from a maternity leave.

Under the Family and Medical Leave Act, workers who are employed by firms with 50 employees or more and have worked for a company for at least 12 months have to provide 12 weeks of unpaid leave to employees for medical reasons including pregnancy and the birth of a child. 

Often disputes arise when employers either don’t honor that or employees take more than 12 weeks, only to find their job has been given away. There is no law that says a company has to keep your job open beyond the 12 weeks, but if you find your employer is offering other workers at the firm longer leaves for things like illnesses or to take care of a sick parent, and you’re not afforded the same benefit, then you may be able to prove you were a victim of discrimination, Smiley explains.

So that should be the rule of thumb across the board. If you are treated differently than other workers because you are pregnant or just had a child, then you might have a discrimination claim.

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