Discrimination can be obvious or subtle, in companies large or small.
In 2018, it seems as though sex-based discrimination should be a thing of the past — especially for something like pregnancy. Yet a recent New York Times article highlighted just how pervasive pregnancy discrimination is across the United States. Despite policies designed to help mothers, such as lactation rooms and better maternity leave programs, many women are penalized for getting pregnant.
According to an employment discrimination attorney, discrimination on the basis of pregnancy is illegal under the 1978 federal Pregnancy Discrimination Act and many state laws. That hasn’t stopped many employers from discriminating against women who become pregnant in a number of ways. This discrimination can be blatant, or more subtle.
For employees in corporate jobs, the discrimination can be more subtle: getting smaller bonuses, or being passed over for bonuses. In the New York Times article, two women described how their employers — a large financial company and a pharmaceutical giant — demoted them or otherwise prevented them from advancing after they got pregnant. Before having children, both women were rising stars in their professions. According to a study cited by the article, every child that a woman has reduces her hourly income by 4%. The same study found that a man’s earnings increase by 6% when he becomes a father.
For employees in blue collar jobs, the pregnancy discrimination often involves a failure to accommodate the specific needs of a woman during pregnancy. Two women featured in the article requested light duty during their pregnancies because their doctors instructed them that they were not allowed to lift anything heavy. Their employers refused. A third woman was becoming sick from the cleaning products that she was required to use, and asked to be assigned to a different job in the store after her doctor told her that the chemicals in the products were making her baby sick. Her employer also refused.
Although the United States has, as a whole, grown more understanding when it comes to the needs of women who are pregnant, there are signs that more companies are putting their bottom lines first. In 2017, the Equal Employment Opportunity Commission received 3,184 pregnancy discrimination complaints. This is approximately twice the number of complaints as the EEOC received in 1992, the first year that it began keeping electronic records. Importantly, the number of complaints received may actually be low, as many women may not report workplace discrimination because they cannot afford an attorney, they do not know that what happened to them is illegal, or because they fear retaliation, especially if they are still employed by the same company.
At PLBH, we are skilled at representing clients who have suffered all types of workplace discrimination, including pregnancy discrimination. We know that even more subtle types of discrimination can have a tremendous impact on a person’s career, and are dedicated to helping all of our clients achieve justice. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation with an experienced employment discrimination attorney.