Discrimination due to pregnancy or pregnancy related reasons are against the law.
Here are some surprising fact you should know about pregnancy discrimination!
1. Common types of discrimination due to pregnancy and maternity
Pregnancy discrimination is very real. In fact, here are some of the most common types of pregnancy discrimination.
- Getting fired because your are pregnant.
- Not getting hired because you are pregnant.
- Getting harassed for being pregnant.
- Demoted from your current position for being pregnant.
- Not being accommodated to pump breast milk.
- Pregnancy-related medial leave are not given.
- Getting retaliated by employer for filing a discrimination claim.
Because it is important for us to identify and protect our expecting mothers from workplace bully.
Woman who are pregnant deserves a safe place to work as well!
2. Woman who are pregnant are protected by law
Pregnancy Discrimination Act (PDA) was passed in 1978 to protect woman who are pregnant.
PDA prohibits discrimination of all woman on the basis of pregnancy, which includes:
- Treatment of employee due to pregnancy.
- Hiring decision made due to pregnancy.
- Firing decision made due to pregnancy.
- Promotion decision made due to pregnancy.
- Pay and other employment fringe benefits changes made due to pregnancy.
- Policies that may limit or prevent women from doing jobs because they are pregnant, or of childbearing age.
3. Not all workplace are covered by PDA
Although Pregnant Discrimination Act (PDA) is there to protect career woman who are pregnant, PDA only covers workplace with 15 or more employees.
In the event where you work at a company with less than 15 employees, you can approach Regional Office of Women’s Bureau for assistance.
4. You are legally entitled to Maternity Leave.
Family and Medical Leave Act (FMLA) is a federal law introduced in 1993 by President Bill Clinton. FMLA allows pregnant employees the right to take time away from their job to take care of their newborn or newly adopted child.
FMLA leave is an unpaid leave. However, the law allows the employee to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
When will you be eligible to use FMLA leave?
You are eligible to take up to 12 weeks of unpaid leave in any 12-months period when it is for the following purpose:
- For the birth of a newborn child.
- For care of a newly adopted child.
- For care of an immediate family members with serious health condition. (Immediate family members included; spouse, child, or parents)
In additional, when you are ready to return for work.
Your employer must allow you to resume to the same job you had before the leave.
This will included all the benefits and entitlements you had before your leave.
Furthermore, you will be entitled to receive your group health insurance during your leave.
5. Your employer cannot force you to take leave.
As long as you are able to perform your job while pregnant, your employer cannot force you to take leave.
Even when the employer believe that it is in the employee’s best interest, forcing a pregnant employee to take leave violates PDA.
Although it is advisable to take leave after giving birth to rest and recover your body.
An employer should not have a rule or policy to prevent you from coming back to work for a certain length of time after childbirth.
Nonetheless, you should always consult your doctor (Gynecologist) for health advice prior to returning to work.
6. You don’t have to tell your potential employer you are pregnant, or plan to get pregnant.
Hiring decision by the employer cannot be based on your pregnancy-related condition as long as you are able to perform the major functions of your job.
Thus, these questions should never be asked by your potential employer:
- “Are you planning to get pregnant?”
- “Are you planning to have children?”
- “Are you pregnant?”
Unfortunately, it is very hard to prove that the reason you are not hired was based on your pregnancy.
If you are still early in your pregnancy, you may choose to keep that information to yourself.
7. You are protected against retaliation by your employer.
You cannot be fired for filing a complain against your employer if you believed that they have violated the Pregnancy Discrimination Act (PDA).
Here are some common retaliation:
- Firing of the employee.
- Demotion of the employee.
- Unfair performance review.
- Harassment in the form of verbal or physical.
If you are faced with any of these retaliation and believe it is a violation of PDA. You can seek help from Equal Employment Opportunity Commission (EEOC), which helps to deal with pregnancy discrimination.
Equal Employment Opportunity Commission (EEOC) have the power to overrule the company’s decision, or request the company to compensate you for the violation of the PDA.
“Pregnancy Discrimination? Is it real?”
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