Discovering that you are expecting brings a mix of emotions, from joy and excitement to nervousness about the future. However, concerns about how your employer may treat you during pregnancy should never overshadow this milestone.
While federal and state laws protect pregnant workers, discrimination still occurs in many workplaces. Understanding how pregnancy discrimination happens can help you take action if you are being treated unfairly. If you believe you are facing bias at work due to your pregnancy, speaking with a New York City employment discrimination lawyer can help you protect your rights.
Recognizing Pregnancy Discrimination in the Workplace
Pregnancy discrimination can affect multiple aspects of employment, from hiring decisions to job security and workplace treatment. Employers are prohibited from treating pregnant workers unfairly under federal, state, and city laws. However, some companies still engage in discriminatory practices, either subtly or openly.
Some examples of pregnancy discrimination include:
- Hiring Bias: If an employer refuses to hire a qualified candidate simply because she is pregnant or planning to start a family, this may be a form of discrimination.
- Unfair Treatment: Pregnant employees should not face a reduction in work hours, pay cuts, or exclusion from meetings and promotions based on their condition.
- Harassment: Inappropriate comments, intrusive questions, or jokes about pregnancy, maternity leave, or a woman’s ability to work while expecting may qualify as discrimination.
- Job Termination: Firing or demoting a pregnant employee under the pretense that they are unable to perform their job is illegal. If you were dismissed soon after revealing your pregnancy, this could be an act of discrimination.
Federal law, specifically the Pregnancy Discrimination Act of 1978, protects pregnant employees from unfair treatment. Employers cannot treat them differently from others, with medical conditions affecting their ability to work. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to pregnant employees. This includes support for pregnancy-related conditions such as gestational diabetes or preeclampsia.
Do Women Have Rights After They Give Birth?
Pregnancy-related protections extend beyond childbirth. When you return to work after maternity leave, you have certain rights that your employer must uphold. One significant area of concern for new mothers is lactation accommodations.
Under the Fair Labor Standards Act (FLSA), employers are required to provide:
- Break Time to Express Milk: Employees must be given reasonable break time to pump breast milk for one year after childbirth.
- A Private, Safe Space: Employers must offer a private, sanitary location for nursing mothers to pump milk. This cannot be a restroom, as it does not meet health and privacy standards.
In New York City, additional laws strengthen these protections. Employers must inform employees of their lactation rights and create a designated pumping space available. If an employer refuses to comply with these regulations, they may violate labor laws, and legal action could be necessary.
How Pregnancy Discrimination Can Impact Your Career
Pregnancy discrimination can have profound and lasting effects on a woman’s career and well-being. Beyond immediate job-related consequences, such discrimination can lead to significant health challenges and financial instability.
Health Implications of Pregnancy Discrimination
Experiencing discrimination during pregnancy can adversely affect both maternal and infant health. Studies have shown that such discrimination increases stress levels in expectant mothers. This can lead to postpartum depressive symptoms. This heightened stress can impact the mother’s mental health. It can also result in lower birth weights and earlier gestational ages for babies.
Financial Instability Due to Discrimination
Discriminatory practices can lead to financial hardships. Examples of such practices include denying promotions or terminating employment due to pregnancy. The sudden loss of income or stagnation in career advancement can make it challenging for women to meet financial obligations. This is especially true with the added expenses of a new child.
This economic strain can have long-term effects. It can make it difficult to recover economically even after returning to the workforce.
Legal Recourse and Protections
It’s important to recognize that pregnancy discrimination is illegal. Laws such as the Pregnancy Discrimination Act (PDA) prohibit discrimination in all aspects of employment, including hiring, firing, promotion, pay, and other employment benefits. Legal avenues are available to address and rectify these injustices if you believe you’ve been subjected to such discrimination.
Understanding the multifaceted impacts of pregnancy discrimination shows the importance of advocating for fair treatment in the workplace. Recognizing these challenges allows individuals and organizations to work towards creating more inclusive and supportive environments for all employees.
Common Myths About Pregnancy Discrimination
There are several misconceptions surrounding pregnancy discrimination. These can often lead employees to believe they have no legal recourse. Some of these myths include:
- “Employers have the right to fire pregnant employees if they can’t perform their job.” Employers must make reasonable accommodations for pregnant employees instead of terminating them.
- “If I report discrimination, I will lose my job.” Retaliation for reporting discrimination is illegal under federal and state laws. You may have additional legal claims if you face backlash after filing a complaint.
- “Pregnant employees can’t request work modifications.” If necessary, employers must provide reasonable accommodations, such as adjusted schedules, lighter duties, or remote work options.
Understanding the facts can help you take action if you are being mistreated at work.
Steps to Take If You Are Facing Pregnancy Discrimination
If you believe your employer is discriminating against you because of your pregnancy, taking immediate action can strengthen your case. Start by documenting discriminatory comments, denied requests, job reassignments, or sudden changes in treatment after announcing your pregnancy.
Next, review your workplace policies to understand your company’s pregnancy, maternity leave, and accommodations rules. If your employer has a human resources department, file a formal complaint to create a record of your claim. Then, allow them to address the issue.
If discrimination continues or your concerns are ignored, consult an employment attorney. A lawyer can help you explore your legal options and determine the best action.
No employee should face unfair treatment because they are pregnant. Our legal team at Mirza Law fights for workers who have experienced discrimination through wrongful termination, workplace harassment, or denial of maternity-related accommodations.
If you have been treated unfairly due to pregnancy, we are ready to stand by your side. Contact us today to discuss your situation and learn how we can help you pursue justice. You have rights, and we are here to protect them.