Since 1978, pregnancy has been protected by federal law from workplace discrimination. Despite the law, employers continue to discriminate against employees that become pregnant. Even employees and potential new-hires face discrimination from negative stereotypes they may become pregnant and cause reductions in workplace productivity. Federal laws are bolstered by even stronger protections at the state level in Pennsylvania.
The Equal Employment Opportunity Commission (EEOC) reports the number of pregnancy discrimination claims in the US has declined slightly since 2010, from more than 4,000 cases annually to just under 3,000 cases in 2018. That year, more than 60 percent of claims were determined do be without cause. Twenty-three percent of claims resulted in payment to claimants, totaling $16.6 million in payments. EEOC only reports cases filed under federal law. Additional cases filed through state agencies are not included in the data used by EEOC.
The Pennsylvania Human Relations Act places additional regulations on employers in an attempt to reduce discrimination against pregnant employees or those who may become pregnant. Federal law applies to any business with at least 15 employees, while Pennsylvania law reduces that number to four. Additionally, the law in Pennsylvania prevents employers from discriminating against men or women who take maternity leave to care for the birth of a child, and prescribes that time off must be equal for men and women.
The package of laws prevent employers from firing employees who become pregnant, and also sets rules for hiring and promotion decisions that can be impacted by an employer’s view on pregnancy. As an example, employers are prevented from refusing to hire an applicant on grounds they are or may become pregnant. Employers may not refuse to give raises, benefits or promotions to employees due to pregnancy, or the belief that they may become pregnant. Further, women who are pregnant are entitled to the same workplace duty restrictions similarly short-term disabled employees receive.
Pennsylvania employers may not discriminate against:
- Job applicants and employees who are, or may become, pregnant.
- Job applicants and employees who are parents.
- Job applicants and employees who are pregnant, may become pregnant, or have children, but are unmarried.
- Employees that must take sick leave for pregnancy-related illnesses.
- Employees that must have a modified work restriction.
- Employees that take maternity leave to give birth, care for a newborn or a newly-adopted child.
- Men who take family leave to care for a newborn or newly-adopted baby when women are permitted leave.
Employers may not:
- Refuse to hire, promote or grant medical leave to employees who are, or become, pregnant.
- Refuse to provide modified work duty when similarly disabled employees are granted such modifications.
- Pay women less than men because of the belief they may become pregnant.
- Prevent women who have given birth from using a breast pump at work.
- Terminate employees for being pregnant.
- Terminate employees for taking sick, medical or personal time-off related to their pregnancy or adoption.
- Terminate men who take family leave to care for a newborn or newly adopted child.
Employers must:
Reinstate employees who take medical leave for childbearing in the same job, or a similar job, to the one held prior to taking leave.
Retain an employees seniority and other benefits related to time of employment.
Prevent other employees from discriminating against pregnant employees and those who may become pregnant.
Proving Pregnancy Discrimination in the Workplace
Workplace discrimination is always difficult to demonstrate in court, and pregnancy discrimination is no different. It can be very challenging to establish evidence of discrimination, and usually, pregnancy discrimination cases hinge on non-direct evidence, such as the way other temporarily disabled employees are treated differently.
Among the most difficult of all discrimination cases to prove are those that arise when an employee is hired with a known disability and is terminated by the same person who hired them. These cases are a challenge because it can be next to impossible to prove that an employer who knew of a disability prior to hiring the employee would then discriminate against that person because of the disability.
More common are claims that arise when the injured employee is discriminated against following a change in leadership or management. Often, these cases are easier to prove because the change in management corresponds with the discriminatory actions or behaviors.
Employees who believe they have been discriminated against due to pregnancy or illness associated with pregnancy should contact the Pennsylvania Human Relations Commission (PHRC), which administers the law. Complaint forms, along with more information about what is needed to file a claim can be found on the site.
If you or someone you love believes pregnancy discrimination has occurred, it is important to retain an employment lawyer well-versed in the anti-pregnancy discrimination laws at the federal and state level. An employment lawyer will help gather evidence, prepare and file forms correctly and on time, and ensure that the claim is ready to be argued in court.