Pregnancy-based bias and discrimination are becoming more common in the workplace. Title VII of the Civil Rights Act protects individuals from discrimination based on pregnancy, childbirth or related medical conditions. Employers must recognize and understand how pregnancy-based discrimination occurs to avoid lawsuits.
Examples of discrimination because someone is pregnant, may become pregnant or has any pregnancy related medical condition:
- Demotion
- Denying employment or opportunity to apply for consideration
- Denying promotion
- Termination
- Job transfer without notification to employee or agreement for good cause
- Harassment, rude comments
- Exclusion from work benefits offered to workers with other medical conditions
- Adjustment of pay or hours even though employee is still able to perform job duties
If a pregnant employee is able to perform their job then they must be permitted to do so unless stated otherwise by a doctor.
Also, if an employee has a pregnancy-related disability then they must be given the same benefits as employees who are temporarily disabled. If the employer allows temporary disabled employees to:
- Modify tasks or are given alternative job duties
- Take disability leave
- Leave without pay
Then the employer must do the same for an employee who has a pregnancy-related disability.
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