Pregnancy discrimination isn’t supposed to happen anymore, yet thousands of women file complaints with the U.S. Equal Employment Opportunity Commission every year. The basis for these complaints include not being hired for a job, being fired for pregnancy, not being promoted and being denied benefits due to becoming pregnant. Although this still happens, it is illegal and there is something you can do about it.
The Pregnancy Discrimination Act is an amendment to the Civil Rights Act of 1964. Your rights under this act cover being hired for a job and protect your job after you become pregnant. Under the law, an employer can’t refuse to hire you, as long as you are able to perform job related tasks. Of course, it’s difficult to prove you weren’t hired due to pregnancy.
All leave required for pregnancy related conditions and child birth must be covered in the same manner as other employees who are temporarily disabled. If you need to take a short leave due to a complication, your employer must let you return to your job. In addition, you must be allowed to work as long as you are physically able to do so.
If you need to take a leave, your employer must hold your job for you. Your job must be held for as long as the employer would hold a job for any other employee who is temporarily disabled. If your job is not held for you, this is a violation of the law.
The Pregnancy Discrimination Act also addresses health insurance coverage. The company’s health insurance must cover all pregnancy related health care costs in the same manner as other conditions. For example, if your insurance covers 80% of medical expenses for other conditions, it must cover the same percentage of pregnancy related costs. You can’t be charged any additional expenses or deductibles.
If you experience discrimination, keep a written record of the offense. Document the date, time and all details of the occurrence. Note who was there and what was said at the time. Keep copies of these notes at home and at work. If you are a member of a union, speak to your representative. You may be able to file a grievance through the union.
Document your performance at work. Keep good records of your work, especially any letters or notes about good performance. Always keep copies of all yearly evaluations. Employers often try to blame poor performance and not pregnancy when they discriminate against women.
You can file charges with the U.S. Equal Employment Opportunity Commission. This can be done without an attorney. If you plan to file a law suit, you will need to consult a lawyer. Civil Rights groups or the Women’s Bureau of the U.S. Department of Labor may also be able to help. Don’t give up; you can win a fight against illegal discrimination.