Expectant mothers, unfortunately, sometimes face discrimination in the workplace. This is illegal, as pregnancy is a protected class. An employer should not discriminate against someone who is pregnant or who has the capacity to become pregnant in the future.
Because it still happens, it is important for employees to understand what types of discrimination they may face and what rights they have if it occurs. Below are a few examples.
Influencing hiring decisions
First and foremost, when interviewing candidates, an employer cannot refuse to hire someone just because they are pregnant. If a pregnant applicant is otherwise more qualified and experienced than other candidates, but the employer hires someone else specifically because they are not pregnant, that can be an example of discrimination.
Terminating the employee
In some cases, employees may be hesitant to disclose their pregnancy to their employer because they worry that they might lose their job. If an employer terminates someone’s position to avoid providing maternity leave or other pregnancy-related accommodations, that could also be discriminatory.
Making other employment decisions
In general, pregnancy should not influence important employment decisions such as:
- Being passed over for a raise or promotion
- Having hours or pay reduced
- Being excluded from meetings or activities that the employee previously participated in
Additionally, employers may be required to make reasonable accommodations for a pregnant employee. Refusing to provide these accommodations when required could also be a form of discrimination.
Your legal rights
In all of the examples above, pregnancy discrimination is illegal. If you have experienced discrimination at work, it is important to understand what legal steps you may be able to take to protect your rights.