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5 Signs That You May Be Experiencing Pregnancy Discrimination In Your Job

12 July 2016 by Becky Freeman

If you are pregnant or are a woman who may become pregnant, then you risk experiencing discrimination at work. Below you will find five of the common ways that women experience discrimination against pregnancy at their work. 

Your Employer Asks If You Are Pregnant or Plan to Become Pregnant Soon 

This may be a question that a potential employer asks during a job interview or your current employer asks before deciding who to promote into a demanding position. While the law does not forbid employers from asking whether you are pregnant or intend to become pregnant, it does prevent them from making hiring or work-related decisions based on that information. If you are asked this question and then are passed up for a promotion that you otherwise would have deserved, then you may be experiencing pregnancy discrimination. 

Your Employer Restricts the Amount of Leave You Can Take Around the Birth of Your Baby 

In most areas of the United States, mothers are entitled to up to 12 weeks of unpaid maternity leave at the time of their baby's birth. However, in some cities and states, you may be eligible for paid or partially paid leave. Furthermore, if you have accrued sick leave or vacation time, you cannot be prevented from taking that leave surrounding the birth of your baby. For example, if you choose to take 12 weeks of unpaid leave and then use two months of accrued sick time, your employer does not have the right to demand that you return to work or lose your job. 

Your Employer Demands that You Take Leave Around the Birth of Your Baby 

Another issue that some women face is that employers demand they take time off either before or after their baby is born. For example, your employer may demand that you take a month of paid vacation before your baby is born because they think that you are at risk of going into labor at work. However, you have the right to work throughout your entire pregnancy if you are able and have the desire to. Similarly, your employer cannot force you to take the standard 12 unpaid weeks off of work after your child's birth. If you choose to return to work immediately, your employer should be prepared to make reasonable accommodations for you. 

Your Employer Changes Your Workload or Tasks Without Reason 

Some employers may assume that because you are pregnant you are unable to handle certain tasks or you need a lighter workload. However, getting taken off projects or losing experiential opportunities could negatively impact your chances of a promotion in the future. Your employer cannot change your workload simply because they are uncomfortable with the idea of a pregnant woman completing certain tasks. However, there may be some situations, such as when you work with hazardous materials, when an employer can legally change your duties for the duration of your pregnancy.  

Your Employer Will Not Accommodate Pregnancy-Related Impairments  

Although pregnancy is not considered a disability, certain pregnancy-related impairments are covered under the Americans with Disabilities Act. This means that your employer may have to make accommodations for your pregnancy-related impairments such as edema, sciatica, or morning sickness. In most cases, a simple conversation with your employer should be sufficient to make changes to your work environment. However, in some cases, your employer may request documentation from your doctor that states the extent of accommodations you should receive. 

If you think you are experiencing pregnancy-related discrimination at work, you should talk to a lawyer from a law firm like the Law Office of Faye Riva Cohen, P.C. about your case. They can inform you of your rights and prepare a legal case if necessary. 

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