Pregnancy is a protected characteristic. This means that pregnant employees cannot be discriminated against. Pregnancy discrimination can take numerous forms, but it essentially amounts to adverse treatment based on the pregnancy.
Employees need to know what pregnancy discrimination looks like so they can protect their rights. Here are some of the more common examples of pregnancy discrimination.
Adverse employment actions
Pregnancy should not result in adverse actions against an employee. These may include firing the employee or refusing to hire or promote them based on their pregnancy. Some other examples of adverse employment actions include reducing a pregnant worker’s hours without notice or assigning the employee to less desirable roles without justification.
Denial of reasonable accommodations
The federal Pregnancy Discrimination Act and Pregnant Workers Fairness Act (PWFA) provide enhanced protections for pregnant workers. Among these protections is that employers must listen to reasonable accommodation requests and implement them unless they cause undue financial hardship.
Examples of reasonable accommodations may include slight reductions in workloads, extra short breaks and comfortable seating. If reasonable accommodation requests are refused, this potentially amounts to discrimination.
Hostile work environment
Unfortunately, pregnant workers are often the target of inappropriate comments. These comments often fall under the guise of jokes, but inappropriate comments about pregnancy are not jokes. Such behavior can cause a hostile work environment for pregnant workers that ultimately amounts to discrimination.
Both state and federal laws protect employees and applicants from pregnancy discrimination and any other form of adverse treatment based on protected characteristics. If you have suffered pregnancy discrimination or been denied your rights under the law and haven’t been able to resolve the issue with the employer, seeking legal guidance will help you get further information and review your options.