What are pregnancy discrimination laws? Discovering a pregnancy can be a moment of joy for both male and female future parents, but it can also be a moment of dread or uncertainty for one’s future career. It is no secret that a pregnancy, whether planned or unplanned, can disrupt a person’s career. In general, women see more career disruption due to pregnancy than men because women must bear the child through the pregnancy process and then recover from an often intensive medical procedure after birth. Additionally, once the child is born, both parents may need to take time off from work to care for the child.
While some employment disruption is inevitable due to a birth, it is illegal for an employer to discriminate against an employee either because the employee is pregnant or because the employee may become a primary caregiver for a child. This article seeks to describe the legal concept of pregnancy discrimination and explain the extent of pregnancy anti-discrimination laws in the United States.
Pregnancy Discrimination Defined
Pregnancy discrimination’s legal meaning is very similar to what any ordinary non-lawyer might expect it to be. Pregnancy discrimination occurs when an employer discriminates against a person because of pregnancy, childbirth, or any related medical condition. In other words, an employer is not legally permitted to discriminate against a person because they are pregnant, having a baby, or have to take time off work for medical reasons due to a pregnancy.
Federal law makes pregnancy discrimination illegal. Under the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964, pregnancy discrimination is illegal, and employers can be sued for engaging in pregnancy discrimination.
Common Types of Illegal Pregnancy Discrimination
As pregnancy discrimination can be disruptive to both the pregnant employee and her employer, many employers may seek to engage in illegal pregnancy discrimination. One of the most common forms of pregnancy discrimination is either choosing to not hire or to defer the hiring of a woman who is pregnant on the assumption that a nearby pregnancy may disrupt a new employee’s orientation to employment. Playing these types of games during the hiring process is illegal. Another common employer tactic is firing a woman as soon as possible after the employer learns that she has become pregnant. This is done to try and avoid association of the firing with pregnancy.
It is also illegal for an employer to withhold pay raises or deny promotions until an employee returns from work after a pregnancy. This practice is unfortunately common and often places the careers of pregnant women on hold unnecessarily.
Pregnancy Discrimination and Abortion
An abortion is a pregnancy-related medical procedure, and so abortion is covered by the Pregnancy Discrimination Act. Employers cannot fire an employee because she received an abortion, and employers must provide disability and sick leave for abortion recipients. However, under federal law, an employer’s health care plan is not required to pay for purely elective abortions but must cover abortion procedures where the mother’s health is at risk.
Expanding the Horizon: The Evolution of Pregnancy Discrimination Laws
Pregnancy discrimination in the workplace is a persistent issue that has long affected women’s rights and opportunities. Despite existing laws, pregnant employees have faced barriers that impact their careers and well-being. However, recent developments have strengthened legal protections, offering hope for a more equitable future.
The Legal Landscape: A Brief Recap
The cornerstone of pregnancy discrimination law is the Pregnancy Discrimination Act (PDA) of 1978, which amended Title VII of the Civil Rights Act of 1964. The PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions and requires employers to treat pregnant employees as they would any other employee with a similar ability or inability to work.
The Pregnant Workers Fairness Act: A Game Changer
A significant advancement came with the enactment of the Pregnant Workers Fairness Act (PWFA). This groundbreaking legislation, effective since June 27, 2023, mandates that employers provide reasonable accommodations for pregnancy-related limitations unless it would cause undue hardship. The PWFA is a testament to the evolving understanding of the unique needs of pregnant workers and the importance of their contributions to the workforce.
Understanding Reasonable Accommodations
Reasonable accommodations under the PWFA may include more frequent or longer breaks, temporary transfer to a less strenuous position, or modifications to work schedules or equipment. These adjustments aim to ensure that pregnant employees can continue to perform their duties without compromising their health or the health of their unborn child.
Best Practices for Employers
To comply with the PWFA and foster a supportive work environment, employers should engage in the following best practices:
Policy Implementation: Develop clear policies that outline the process for requesting accommodations and ensure that these policies are communicated effectively to all employees.
Managerial Training: Provide training for managers and supervisors on how to handle accommodation requests and respond to pregnancy-related issues sensitively and lawfully.
Cultural Shift: Promote a workplace culture that values and supports pregnant employees, recognizing the diversity they bring to the organization.
The Psychological Aspect: Supporting Mental Health
The psychological impact of pregnancy discrimination can be profound, leading to increased stress and potential mental health issues for expectant mothers. Employers must recognize the importance of mental health support and provide resources such as counseling services or stress management programs.
The Role of Allies
Allies in the workplace, whether they are colleagues or supervisors, play a crucial role in combating discrimination. By advocating for pregnant employees and supporting inclusive practices, allies help create a workplace where discrimination is not tolerated and all employees feel valued.
Looking Ahead: The Future of Pregnancy Discrimination Laws
As society continues to recognize the importance of equality and inclusivity, we can expect further enhancements to pregnancy discrimination laws. These may include expanded definitions of what constitutes a reasonable accommodation, increased protections for breastfeeding mothers, and broader coverage for fertility treatments and reproductive health.
Embracing a New Era of Workplace Equality
The journey towards eliminating pregnancy discrimination is ongoing, but with the strengthened legal framework provided by the PWFA and the commitment of employers to best practices, we are moving closer to a world where pregnant employees are empowered and protected. It is a collective responsibility to ensure that the workplace is a safe and supportive environment for all, and by embracing these changes, we pave the way for a more just and equitable society.