Telling the boss about a pregnancy is often a stressful situation, whether the new mom is planning to stay employed after the baby is born or not. In the current economic downturn, the stakes are even higher. Companies are laying off workers in almost every sector and women may have real reasons to be worried.
If layoffs are coming, women may fear telling the boss because they fear losing the job. Despite federal laws, pregnant workers continue to be seen as more expendable than their non pregnant peers. Employers may worry that the mother will leave the job after the baby is born or may assume she won’t want, or need her job after the baby is born.
Federal law prohibits employers from discriminating against an employee based on pregnancy, just as any other condition can’t be used to deny work or fire a good worker. However, women are still at risk during pregnancy. Some employers disregard the law, hoping the woman won’t sue and others give a different reason for not hiring, not promoting or firing a pregnant employee.
In fact, the incidents of pregnancy discrimination appear to be on the rise. The Equal Employment Opportunity Commission reported a significant increase in pregnancy discrimination complaints in the year 2007. With the continuing economic down turn and more layoffs in 2008 and 2009, it remains to be seen if the numbers will continue to climb.
The problem in prosecuting these cases or bringing successful litigation is in proving the case. Getting witnesses isn’t easy, since co workers may be worried about being fired next. It often comes down to the word of the employee against the word of the employer. There is nothing to stop them from lying on the stand and some will do that, if they fear for their own jobs.
The best defense continues to be to do a good job at work. When a worker is reliable and dependable, the employer is less likely to discriminate. Of course, it still does happen, so cover your rear. Keep a record of any compliments, emails describing your good work, annual evaluations, letters of congratulations or any other documentation to show your value to the company. In the event you need to fight for your job, you will be prepared.
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