As a starting point, one thing should be made very clear: You cannot be discriminated against for being pregnant! You cannot be fired. You cannot be refused employment. You cannot be demoted. You cannot be docked pay.

Unfortunately, it seems to be a fairly common occurrence that once a woman becomes pregnant her formerly nice and reasonable employer treats her differently. Treating a woman differently – unless it’s to say how awesome it is that she’s pregnant is likely to be illegal. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA) as an amendment to Title VII of the Civil Rights Act of 1964. In doing so Congress made clear that women were not to be punished for becoming mothers.

The PDA prohibits discrimination in areas and ways, including

-Hiring/Firing: An employer cannot refuse to hire a woman because of her pregnancy or a related condition and cannot fire a woman for those things either.

-Pregnancy and Maternity Leave: An employee: cannot single out pregnant women for special procedures to determine her ability to work; must hold open the job while she is on pregnancy leave; must treat her the same as any temporarily disabled worker if she is unable to perform her duties for a short time; must allow her to work if she is able.

-Health Insurance: Employer-provided health insurance must cover pregnancy and pregnancy-related conditions on the same basis as other medical issues.

-Fringe Benefits: Benefits cannot be given only to married couples. Benefits cannot be provided differently to pregnant and non-pregnant employees. Seniority, vacation, pay, temporary disability benefits, must all be the same as all other employees.

-This list is not all inclusive. See an attorney if you feel as if you have, or are, suffering some sort of mistreatment.

Additionally, the law prevents retaliation for complaining about discrimination either to your employer or to the EEOC. States and local governments may also have laws that are similar to the PDA.

For example, in Illinois, the city of Chicago, Cook County, and the state of Illinois all have laws intended to prevent or remedy pregnancy discrimination. There are also administrative forums at each of these levels devoted to hearing claims of discrimination and providing remedies, including monetary damages.

Women who suffer, or believe that they may have suffered, discrimination need to file a charge of discrimination with the EEOC within 180 days of the date of the last act of discrimination. The various local and state agencies may have different filing times but many mirrors the 180-day filing requirement set by the federal government as well as the types of discrimination considered illegal. Missing the filing date may eliminate the women’s right to sue so careful attention must be paid to the date, or dates, the act of discrimination took place.

As always, it’s best to consult a local attorney about a claim of discrimination but these forums will allow a woman to file her claim without a lawyer and some will investigate the claims using trained personnel.

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While most people are aware that it is illegal to practice racial, political, religious, or gender-based discrimination in the workplace, people often do not realize that there are other forms of discrimination that are outlined in employment laws for the protection of workers. One protection that many individuals are unaware of is the protection of pregnant women from discrimination on the part of their supervisors or employers.

Employers with fifteen or more employees are required by law to give fair and equal treatment to workers who are or become pregnant while working for the company. The pregnancy discrimination protection or laws exist to make sure that workers are not treated unfairly for pregnancy, childbirth, or medical conditions that arise due to the birth of a child. Women who are pregnant should be given the same considerations as other employees and should not be punished or discriminated against because of the pregnancy. Those who face such cases should report them to the authorities for protection.

These laws extend protection to applicants who apply for a position with a company. The owners and managers cannot discriminate against a pregnant applicant and should give fair consideration to her condition and her qualifications. Such laws also protect the applicant from discrimination based on the managers, supervisors, and other employees’ prejudices.

Current employees who become pregnant should be afforded considerations for their condition and should be allowed to work as long as they feel that they are able to perform duties of the job. If a pregnant employee is unable to perform functions of her normal job, the employer should treat the condition in the same manner that they do temporary disabilities and may give the employee different duties for a short time.

When a worker takes maternity leave, the employer should hold the position for the same length of time that they would for employees who are on sick leave or disability, and should not seek to replace the worker simply because she is on leave for pregnancy. If it is found that the employer treated the pregnant employee in an unfair manner, there may be serious legal consequences for the actions of supervisors and managers.

Summary

If an employer discriminates against pregnant employees or fails to provide fair treatment in the event of pregnancy, the individual involved may be able to pursue legal action against the company in question. The employment or labor laws across the country prohibit pregnancy discrimination and clearly stipulates what the legal actions should be taken against the employer.

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