Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.
Reasons for Pregnancy Discrimination
According to the U.S. Equal Employment Opportunity Commission website, between the years of 2011 and 2014 there were forty-four cases filed for violating the Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978. The most common patterns of the violations often included:
The failure to equally promote pregnant people in the workplace
Refusal to hire pregnant people or quickly laying them off after the employer gains knowledge they are pregnant. “Releasing workers who take medical leave for pregnancy related conditions” (U.S. EEOC) “ Restricting pregnant people’s employment opportunities such as enforcing an involuntary leave because they are pregnant, limiting the number of hours that pregnant people are allowed to work, or not assigning them as many assignments because of their pregnant conditions” (US EEOC) Employers creating clearances, often related to physical health, that are not required of workers who are not pregnant. Appeasing non pregnant people’s accommodations, but failing to provide pregnant people the accommodation. Not allowing lactating mothers to return to the workplace Punishing employees who claim they or someone close to them experienced pregnancy discrimination.
Relevant Federal Law Regarding Pregnancy Discrimination
The Pregnancy Discrimination Act of 1978 and Family and Medical Leave Act are rooted in the precedent of several major court decisions leading up to them.
The Pregnant Workers Fairness Act (PWFA) requires that employers make reasonable accommodations for any and all qualified employees who are either pregnant or require child care resources. This bill sets forward procedures to enforce the law and protect pregnant employees from these discriminatory practices.
Relevant State Law Regarding Pregnancy Discrimination
In 2002, California's Paid Family Leave (PFL) insurance program, also known as the Family Temporary Disability Insurance (FTDI) program, extended unemployment disability compensation to cover individuals who take time off work to bond with a new minor child. PFL covers employees who take time off to bond with their own child or their registered domestic partner's child, or a child placed for adoption or foster-care with them or their domestic partner.