Pregnancy discrimination in the workplace is generally understood as treating a job applicant or employee unfavorably because they are pregnant. However, the Pregnancy Discrimination Act of 1978, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination based on both current and past pregnancy.
An employer may have discriminated against a job applicant or employee because of a past pregnancy if they:
Ask inappropriate interview questions
It can be unlawful for an employer to ask questions about family planning, marital status or childcare arrangements. Such questions are typically used to deny qualified candidates opportunities by creating assumptions about whether a past pregnancy will impact their availability, focus and commitment.
Demote them
When an eligible employee returns to work after a family leave, they have the right to be restored to their same or an “equivalent” position with the same pay, benefits and terms. If an employee returns to work and they are assigned to a role with different duties, reduced pay or a lesser title, they may have been discriminated against because of their past pregnancy.
Deny promotions
An employer who passes over employees with children for promotions or career growth opportunities may be acting unlawfully. You should be concerned if you are not invited to decision-making meetings or training programs you were a part of when you return from family leave.
Terminate them
Terminating an employee after delivery can be a sign of discrimination, especially if there is a close timing between the two. You should also be concerned if you are terminated shortly after returning from family leave.
Being discriminated against because of a past pregnancy by an employer can significantly affect your career. If you have experienced this form of discrimination, learn more to protect your rights.