Cheeky Chique: 2/28/10

Pregnancy Discrimination: Explained

Thousands of women and families across the United States have suffered from the repercussions of pregnancy discrimination. Examples of pregnancy discrimination may include, but are not limited to: refusal of hiring a pregnant woman; firing or demoting a pregnant employee; denying a pregnant employee her job or a similar job when she returns from pregnancy-related leave; treating a pregnant employee in a different manner than other temporarily disabled employees; withholding of benefits, such as fringe benefits and healthcare, to pregnant women that are offered to other employees on leave; verbal harassment. Women need to take action and learn their rights in the workplace to avoid being wrongfully discriminated against. If a woman feels that she had been discriminated against for a pregnancy-related issue, she should contact her organization’s HR department, file a complaint both to her state’s Department of Labor as well as the Equal Employment Commission, and seek legal counsel.

Protection of Rights: The Pregnancy Discrimination Act of 1978

The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. This amendment applies to employment agencies, labor organizations, the federal government, and companies that employ 15 or more people, including part-time and temporary workers. The Pregnancy Discrimination Act (PDA) prohibits sex discrimination on the basis of pregnancy, childbirth, or any other medical condition that is related to this. The Equal Employment Opportunity Commission (EEOC) requires organizations to treat all of their employees and job applicants the same in order to prevent discrimination. This applies to pregnant women as well. For example, employer-benefit programs, such as health insurance, must cover any pregnancy-related condition as it would for any other medical condition.

It is unlawful for an organization to not hire a person on the basis of any kind of pregnancy-related issue, just as long as that person is able to perform the tasks of that job position. It is legal for an organization to not hire a pregnant woman if she is unable to perform the tasks of the job position. To avoid liability, an organization must be sure to impose the same requirements to all of their job applicants and not bring up pregnancy during the interview. If a woman is affected by a pregnancy-related issue, the organization must treat her the same way that they would treat another job applicant with temporary limitations.

An organization is not allowed to force a pregnant woman to take leave as long as she is able to perform the functions of her job. If a woman is unable to perform the functions of her job because of her pregnancy, the organization must treat her the same way they would treat another non-pregnant employee with a temporary disability. This might include having the organization’s temporary disabled employees modify their tasks, shift to a more accommodating position, or take leave with or without pay until their condition is improved.

While a pregnant woman is on leave due to any pregnancy-related issue, the PDA requires the organization to have her job position (or a similar position with similar pay) available for her upon her return. If a man or woman decides to take an extended period of leave to take to care of the baby after it is born, the Family and Medical Leave Act (FMLA) allows both men and women to do so for up to 12 weeks within a given 12 month period. This applies to men and women who adopt, foster, or give birth. The FMLA does not require the man and woman to be married in order to have coverage. If it is essential for the company to have the employee’s exact position filled while he or she is gone, they may offer him or her another job with a similar title, responsibility, and pay upon his or her return. If the employee does not come back to work within the 12-week window, the organization is legally allowed to let go of that employee. The FMLA applies to organizations with 50 or more employees. The employee is required to have worked at least 12 months and 1,250 hours.

Women in the Workforce

The number of women contributing substantially to the workforce has significantly increased over the past decade. Women are now starting to take significant, top-level positions in prominent organizations. Many women are waiting to start their families until they are older and more established in their careers. Before, once a woman found out she was pregnant, she would typically quit working. Now, women are working well into their pregnancies. Because of this, there has been an increased amount of pregnancy discrimination files claimed to the EEOC.

It costs organizations a lot of money to provide medical benefits and leave for its pregnant employees. Even though it is somewhat of an economic burden for companies to provide health insurance and leave for its pregnant employees, it costs a lot more for an EEOC lawsuit. The EEOC recovers over $13 million a year through litigation. Organizations who are found guilty of pregnancy discrimination can pay anywhere from a few thousand dollars to millions of dollars to the victimized employee. In addition to the financial obligations an organization must deal with when faced with a pregnancy discrimination lawsuit, the organization will also face employee discontent in the workplace. This may bring rise to reduced efficiency and productivity.

Reflection

I believe the Pregnancy Discrimination Act of 1978 was a significant step towards equality in the workplace. I agree with the article I read by Nancy Woodward that women’s rights need to be protected in the workplace because women will represent more than half of the workforce by 2012. With the rise in the number of women holding significant positions in the workforce, it is extremely important that their rights are taken care of. The babies our current career women are having will be our future leaders and workforce. It is important to ensure the rights and benefits of working women so they continue to procreate and be an asset to the companies they work for.