In the not too distant past, a woman had to choose between having a job and having a baby.
Even now, you may worry about telling your boss you're pregnant. Will a baby derail your career, or get you laid off or fired?
A federal law called the Pregnancy Discrimination Act of 1978 (PDA) is designed to help. The law makes it illegal for your employer to discriminate against you on the basis of pregnancy, childbirth or a related medical condition.
Protections for Pregnant Workers
The PDA requires employers to treat pregnant women like any other employee with a temporary limitation.
The law provides a number of protections. It's illegal for an employer to:
- Fire or refuse to hire or promote a woman because she's pregnant or may become pregnant
- Keep a woman from working when pregnant or after she gives birth
- Treat pregnancy-related conditions differently from other disabling conditions
- Deny pregnant women fringe benefits that are given to other employees
- Require an employee to take maternity leave
- Discriminate against an employee because she is pregnant and unmarried
- Fail to allow a pregnancy-related absence for the same amount of time as any other disability or sick leave
State Pregnancy Laws
The PDA doesn't cover breastfeeding. Some states do have laws that protect a mother's right to breastfeed at a job site.
A few states also have temporary disability insurance laws. Workers are paid partial wages during time off due to medical problems, including pregnancy.
Under the Health Insurance Portability and Accountability Act, employer-provided health insurance must cover pregnancy and childbirth like any other medical condition.
Related Medical Conditions
The law prohibits job discrimination on the basis of pregnancy, childbirth, or related medical conditions.
The meaning of pregnancy and childbirth are fairly easy to understand. But what is meant by other related medical conditions has been the subject of lawsuits.
Courts have held that:
- Infertility may be considered a related medical condition
- An employer can't take adverse action against an employee who has an abortion
- Having menstrual cramps is not a medical condition related to pregnancy and childbirth
- The fact that a physical condition begins during pregnancy doesn't necessarily make it a related medical condition
- A man can claim pregnancy discrimination if he's fired because of his wife's pregnancy
Proving a PDA Violation
To prove pregnancy discrimination, you must show:
- Your employer knew of your pregnancy
- Because of your pregnancy
- Your employer took some adverse employment action against you (fired you, denied a promotion, cut your hours)
- Or you were denied a benefit given to other employees
- You may also win by showing your employer had a policy or practice of discriminating against pregnant employees, like assigning pregnant women to desk jobs or not allowing them to wait tables
- You're not required to prove your employer acted intentionally or with ill will
Document Your Case
If you think you're the victim of pregnancy discrimination:
- Write everything down, including the date, time and place and everything that was said. Include names of participants and witnesses. Keep a copy of these notes at home
- Continue to do your job. Document how well you're performing
- Make copies of job performance reviews and other evidence of a job well done. Store them at home or someplace other than your job site
- Contact your union representative about filing a grievance
- Talk to your human resources department about filing a complaint
- Call a local women's rights or civil rights group for help
- Find out how other pregnant workers are treated by your employer. You may discover a pattern of discrimination
- Contact an Employment Law attorney to learn about the legal options for your specific situation
File a Complaint
If you can't get a satisfactory result within your company, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC).
It's important to act quickly. There are very short time limits on how long you can wait to file a complaint with the EEOC.
Pregnancy and childbirth shouldn't prevent you from working and advancing in your career. Get help if your employer discriminated against you because you were pregnant. The law is on your side.
Questions for Your Attorney
- My boss won't let me work overtime while I'm pregnant because he's worried about my health. Is this illegal?
- Is my employer's health plan required to cover the cost of contraceptives?
- I was let go after I had my baby. Could this be illegal pregnancy discrimination?