Pregnancy discrimination happens when an employer treats an applicant or employee unfavorably because they’re pregnant, gave birth to a child, or have a medical condition related to their pregnancy or childbirth. Despite being against the law, pregnancy discrimination remains a pervasive problem, at great personal and professional cost to its victims. Every year, the Equal Employment Opportunity Commission (EEOC) receives thousands of charges related to pregnancy discrimination. Each year, the resolutions cost businesses millions of dollars.
Great question. Some examples include:
Another good question, and yes. There are two federal laws that specifically protect employees from pregnancy discrimination.
The Pregnancy Discrimination Act (PDA), enacted in 1978, is an amendment to Title VII of the Civil Rights Act of 1964 and applies to private employers with 15 or more employees. It forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits such as leave and health insurance, and any other term or condition of employment.
The Pregnant Workers Fairness Act (PWFA), effective in June 2023, also applies to employers with 15 or more employees. It requires covered employers to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions. There is an exception if providing the accommodation would cause an undue hardship (defined as a significant difficulty or expense) on the employer. This law expands employer obligations beyond existing requirements under the Americans with Disabilities Act (ADA) because under the PWFA, being entitled to a pregnancy-related accommodation doesn’t require that the employee’s condition rise to the level of disability. Also, employees are entitled to accommodations even if they can’t perform their essential job functions on a temporary basis.
Here are five ways employers can protect their workplace and employees from pregnancy discrimination:
Beyond PDA and PWFA, there are other federal laws that may apply to employees/applicants who are, have been, or will be pregnant:
Under the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP), which amends the Fair Labor Standards Act, most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view and free from intrusion to express breast milk while at work. This right is available for up to one year after the child’s birth. While similar to a 2010 lactation accommodation law, the PUMP Act ensures that exempt employees have lactation rights as well.
Under the federal Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees, a new parent (including a foster or adoptive parent) may be eligible for 12 weeks of leave that can be used for care of the new child. Employee eligibility requirements apply.
The Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees, prohibits employers from discriminating against qualified individuals with disabilities—including pregnancy-related disabilities—in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
In 2022, the Supreme Court overturned Roe v. Wade, created uncertainty for employers seeking to ensure their benefits plans can fully meet the reproductive health needs of all employees, no matter where they live. Our webinar, Employer Healthcare Benefits in a Post-Roe v. Wade World, offers advice on how to offer healthcare benefits to support reproductive healthcare services and how to handle discussions in the workplace. It’s a powerful hour, featuring compelling and important information for businesses of all sizes.
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