As a starting point, one thing must be made very clear: they cannot discriminate against you for being pregnant! You can’t be fired. You cannot be denied employment. You can’t demotivate. Payment cannot be deducted.
Unfortunately, it seems to be a fairly common occurrence that once a woman becomes pregnant, she is treated differently by her kind and reasonable former employer. Treating a woman differently, unless it’s to say how amazing it is that she’s pregnant, is probably illegal. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA) as an amendment to Title VII of the Civil Rights Act of 1964. In doing so, Congress made it clear that women should not be punished for becoming mothers.
The PDA prohibits discrimination in areas and forms, including*:
- Hire/Fire: An employer cannot refuse to hire a woman because of her pregnancy or a related condition and cannot fire a woman for those things.
- Pregnancy and Maternity Leave: An employer: may not select pregnant women for special procedures to determine their ability to work; must keep the job open while on pregnancy leave; you must treat her like any temporarily disabled worker if she is unable to perform her duties for a short period; You must allow her to work if she is able.
- Health Insurance: Employer-provided health insurance must cover pregnancy and pregnancy-related conditions in the same way as other medical problems.
- Supplemental Benefits: Benefits cannot be granted only to married couples. Benefits cannot be provided differently to pregnant and non-pregnant employees. Seniority, vacation, pay, temporary disability benefits, all must be the same as for all other employees.
*This list is not all inclusive. Consult a lawyer if you feel that she has suffered or is suffering any type of abuse.
In addition, the law prevents retaliation for complaining of discrimination to your employer or to the EEOC. State and local governments may also have laws similar to PDAs.
For example, in Illinois, the City of Chicago, Cook County, and the State of Illinois all have laws intended to prevent or remedy pregnancy discrimination. There are also administrative forums at each of these levels dedicated to hearing discrimination claims and providing remedies, including monetary damages.
Women who experience, or believe they may have experienced, discrimination must file a discrimination complaint with the EEOC within 180 days from the date of the last act of discrimination. Various local and state agencies may have different filing times, but many reflect the 180-day filing requirement established by the federal government, as well as the types of discrimination that are considered illegal. Failure to file a date may eliminate the woman’s right to sue, so special attention should be paid to the date or dates on which the act of discrimination occurred.
As always, it is best to consult a local attorney on a discrimination claim, but these forums will allow a woman to file her claim without a lawyer, and some will investigate claims using trained staff.
