Examples of Pregnancy Discrimination at Work
Starting a family is an exciting, albeit stressful, time — both mentally and physically. If you’re trying to work through your pregnancy, you might find the workplace increasingly hostile to the rapidly changing pregnant body. One stressful situation that pregnant workers often experience is pregnancy discrimination, or the unfair treatment of an employee or potential employee based on their pregnancy, childbirth, or related medical conditions.
Pregnancy discrimination comes in a variety of nuanced forms. Below is a comprehensive list of examples of employer actions that may constitute illegal pregnancy discrimination. If you or a loved one is experiencing any of the below employer actions because of a pregnancy or recent childbirth it is extremely important that you contact a lawyer as soon as possible to discuss your options and rights. Remember, you only have 300 days form the date an employer takes adverse action against you to file an EEOC charge.
EXAMPLES OF PREGNANCY DISCRIMINATION IN THE WORKPLACE:
Hiring and Promotion
Refusing to hire a candidate because she is visibly pregnant.
Asking during an interview whether the candidate plans to become pregnant soon and making a decision based on her answer.
Denying a promotion to an employee after learning she is pregnant, even though she is qualified.
Suggesting or insisting that a pregnant employee step down from a leadership role due to "anticipated absences" or "family obligations."
Termination and Demotion
Firing an employee after she announces her pregnancy.
Laying off a pregnant employee in a "restructuring" where others with less seniority or worse performance records are retained.
Demoting a pregnant worker under the claim that she "won't be able to keep up."
Pressuring an employee to resign after learning of her pregnancy.
Work Assignments and Responsibilities
Reassigning a pregnant employee to less desirable tasks, clients, or shifts without medical necessity.
Reducing an employee’s hours after learning she is pregnant.
Refusing to allow a pregnant employee to continue in her position unless she provides a doctor’s note, when non-pregnant employees are not subject to the same requirement.
Leave and Accommodations
Refusing to allow an employee to take maternity leave when other employees are allowed medical leave for other conditions.
Denying light duty or reasonable accommodations (e.g., more frequent bathroom breaks, sitting instead of standing) for pregnancy-related conditions when similar accommodations are provided for other medical issues.
Forcing an employee to take unpaid leave because she is pregnant even though she is willing and able to work.
Terminating or disciplining an employee for absences due to pregnancy-related medical appointments or complications, when similar absences for other medical issues are excused.
Harassment and Hostile Work Environment
Making repeated negative comments about an employee’s pregnancy, appearance, or assumed future performance.
Pressuring a pregnant employee to quit because "this isn’t a good place for moms."
Joking or implying that the employee is "less committed" now that she is expecting.
Criticizing an employee's decision to return to work after maternity leave or to continue working during pregnancy.
Pay and Benefits
Reducing pay, bonuses, or benefits because an employee is pregnant.
Failing to provide health insurance coverage for pregnancy when other medical conditions are covered.
Excluding pregnancy-related conditions from short-term disability plans.
Post-Pregnancy (Maternity and Nursing) Violations
Failing to reinstate an employee to her original position (or equivalent) after maternity leave.
Refusing to provide reasonable break time and a private, non-bathroom space to express breast milk (required under the FLSA as amended by the Affordable Care Act).
Retaliating against an employee for requesting or taking maternity or parental leave.
Retaliation for Complaints
Firing, demoting, or harassing an employee for complaining internally about pregnancy discrimination.
Retaliating after an employee files an EEOC charge or participates in a pregnancy discrimination investigation.