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One of the biggest moments in a person’s life is the moment they become a parent. The miracle of childbirth is both terrifying, awe-inspiring, and wonderful. When you’re pregnant, there’s enough medical things for you to worry about, and you certainly don’t need the extra stress of work.

Unfortunately, many Americans also have to worry about how their job will treat them while they’re pregnant. Although there are strict non-discrimination laws in place that can protect pregnant individuals, this hasn’t stopped pregnancy-based discrimination from occurring in the workplace.

If you’re pregnant (or plan on becoming pregnant) and feel that you may be the target of pregnancy discrimination, what should you do to report it? How can you stand up for your rights and prevent the discrimination from continuing?

Being pregnant comes with enough challenges and surprises. There’s no reason to let pregnancy discrimination add to your stress, so here’s some advice to help you understand and fight discrimination head on.

The Pregnancy Discrimination Act of 1978

Pregnancy discrimination is protected by a few anti-discrimination laws in the United States. Since pregnancy often takes a toll on the body and can cause postpartum medical conditions, there are some protections provided by the Americans with Disabilities Act (ADA). Title VII of the Civil Rights Act also prohibits discrimination in employment based on race, religion, national origin, color of skin, and gender. Since pregnancy requires a uterus, targeted discrimination of a pregnant person could also be seen as gender-based discrimination.

However, the most comprehensive anti-discrimination laws that prohibit pregnancy discrimination can be found under the following amendments and acts:

It is also important to be aware of any local laws that might apply to pregnant individuals in your state. Some states require paid leave for parents, while others might have stricter laws surrounding ADA compliance. You can find out more about some of those state-specific laws here.

Examples of Pregnancy Discrimination in the Workplace

Finding information about your federal protections as a pregnant employee can be easy, but actually identifying discrimination can be a bit more difficult. Blatant bias is rare (but still happens), so often times it’s the more subtle biases that you have to identify.

Essentially, any negative comment, assumption, or unfair treatment of a pregnant employee (including unequal access to employee benefits, such as parental leave, or retaliation) due to their pregnancy or a related medical condition is a form of pregnancy discrimination.

Employers must also make reasonable accommodations for pregnant employees (if it is needed), as long as those accommodations don’t cause undue financial hardship to the company. For example, if an employer can provide reasonable accommodation to an employee with a back injury, they should be able to provide the same accommodations to a pregnant employee that is also experiencing back pain as a result of the pregnancy.

In addition, if the adverse treatment continues or happens continuously over a period of time, it could count as illegal harassment if it creates a hostile work environment.

Some examples of pregnancy discrimination can include:

How to Prevent and Combat Pregnancy Discrimination

Recognizing pregnancy discrimination can be difficult, but if you can identify the discrimination, what should you do next?

The most important step you need to take is to notate every instance of pregnancy discrimination that you’ve been able to identify. Write down what was said, who said it, when and where it happened, and how it affected your work that day. Do this both for yourself and so you can bring a copy of the notes to your HR department when you file a complaint.

Once you’ve written down your experiences, consult your employee manual for how to report instances of discrimination or harassment. Every business will have a different protocol: some might require you report to your direct manager, while others might simply have you report to HR. No matter what, you will be required to notify your business before you can report the issue to the EEOC — except in instances where you were retaliated against (as the business could be held liable in those cases).

Set up a meeting with your HR representative or manager (if your manager was the harasser, then go to their direct manager instead and explain the situation), and take this opportunity to share your notes with them and explain how the discrimination has affected you. Next, they may ask you to write a formal complaint. Make sure to get a copy of that complaint for your own records.

When the business has been notified of the discrimination, it is then their responsibility to address the harassment or discrimination and take reasonable steps to stop it from continuing. This could include retaliation against the harasser, or requiring everyone to take anti-discrimination classes. Be aware that if any retaliation happens to you after reporting the harassment — this can include being withheld pay, denied benefits, laid off, fired, or held back from a raise or promotion — then the business could be held liable by the EEOC for discrimination.

Once you’ve reported the discrimination to your company, you can then report the discrimination to the EEOC if you believe the company did not handle your complaint seriously. The EEOC requires you report the issue within 180 days of the last incident, and you can do so through their online “Filing a Charge of Discrimination” portal. There are multiple outcomes that could come from filing a charge, as we at Fiscal Tiger have covered before in our piece about How to File a Harassment Complaint at Work:

No matter what the outcome of your filed complaint may be, it’s important to take that first step and notify your business. The best way to prevent harassment or discrimination is to raise awareness around the issue and confront it head on when it happens. Your business should take any complaint you bring to them seriously, and if they don’t, then you have the EEOC to backup your case.

Being pregnant can be stressful, but facing pregnancy discrimination at work can be even more so. Make sure you have a support group that can help raise you up if you experience discrimination; as empathy, compassion, and a shoulder-to-lean-on can help you get through this difficult time.

Pregnancy discrimination can happen to any pregnant individual, but it should never be allowed to continue. The more people that can report and combat harassment, the better it will be for future generations.


Image Source: https://depositphotos.com/

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