After being passed over for a few key assignments, I told my supervisor that I felt like she was treating me unfairly because I am pregnant, and then, two days later, she took away my flexible work schedule. Is this illegal?
It could well be. The Pregnancy Discrimination Act prohibits retaliation for exercising your rights, or complaining about potential violations of those rights, under the law. Retaliation usually happens close in time to the protected activity, and includes adverse actions (punishments) by an employer that could have dissuaded a reasonable worker from making or supporting a charge of discrimination. According to the Supreme Court, this could include taking away a flexible work schedule from a mother with young children.
What Can I Do?
I’m six months pregnant, and no one will hire me. I think it’s because my pregnancy is showing, but what can I do about it?
As we said earlier, it is illegal to not hire someone because she is pregnant. However, proving this might be difficult. If your interviewer did not acknowledge your pregnancy, then he or she can simply say that the company didn’t hire you because there was a more qualified applicant or that he or she got along with the other applicant better in the interview. In a tough economy, there will probably be no shortage of applicants, so proving a discriminatory intent can be difficult. However, talk to a lawyer; there might be something that can be done.
News of my pregnancy did not go over well with my employer, and I’m nervous that they might try to force me out of my job. What should I do?
The first thing to do if you suspect some kind of pregnancy bias is keep careful records of your conversations with your boss or other supervisors at work. Hopefully, the situation never comes to this, but if you do find yourself trying to prove discrimination down the road, this evidence will be helpful to support your case. When possible, correspond by email, and confirm conversations that way, so that you can be sure to have as much in writing as you can. Be sure to keep your files private, and do not store them on your work computer. Try talking to your boss and letting her or him know that despite your pregnancy, you want to stay on the job and will be able to work just as you did before. If your boss starts threatening you with termination, you could even let her or him know that it is illegal to fire someone because of pregnancy, but tread carefully. If you are ultimately fired or demoted, or you experience some other negative decision by your employer, you will want to seek some legal advice to assess the strength of your claims and your options for taking action.
My employer fired me a week after I announced my pregnancy but said it was because of tardiness. I have been late a few times in the last year, but my boss never mentioned it being a problem before! I think she just doesn’t want a pregnant woman in the store, but I don’t know if I can prove what’s in her head. Is there anything I can do?
Yes, you should talk to a lawyer about your specific situation, but you might have a pregnancy discrimination claim. As in much of life, the timing here is key. If you were fired shortly after announcing your pregnancy, that could be evidence of a discriminatory motive. What should you do? If filing a lawsuit seems like too much for you to handle, don’t throw in the towel! Sometimes a lawyer or other advocate can send a simple letter telling your employer that its actions were illegal, which could convince your boss to change her mind and rehire you.
I think my employer may have illegally fired me a few years ago, but I wasn’t ready at the time to fight them because I was dealing with the stress of a high-risk pregnancy and then a new baby. Is it too late to file a claim?
The PDA requires that before you file a claim in court, you first try to resolve your dispute before the Equal Employment Opportunity Commission (EEOC) or a state agency that enforces the law. The EEOC is a federal government agency that enforces discrimination laws. The time limit for filing a charge with the EEOC is 180 days (around six months), although it may be longer if you live in a state that also enforces an antidiscrimination law similar to the PDA.
If the discrimination you suspect didn’t result in the loss of your job but did impact your pay, you may be able to take advantage of a longer deadline for filing your claim. In 2009, Congress passed a law to address the case of Lilly Ledbetter, who worked for Goodyear Tire for almost twenty years before discovering that she had been paid less than her male counterparts that whole time. She sued Goodyear, but the Supreme Court ruled against her, saying that she had missed the 180-day deadline for filing her claim. The court said that the first time she was paid less because of gender discrimination marked the start of her time clock, and since that was years before she filed her claim, she was out of luck. Congress passed the Lilly Ledbetter Fair Pay Act to fix this problem; now, with every new paycheck you get that is tainted by discrimination, your clock for filing a claim resets.
Even if you are too late to file a claim, you can still make your voice heard. You can contact a women’s rights organization or community group that cares about pregnancy discrimination and share your story so that they may use it in their fight for better laws (you can always contact our organization at [email protected]). You also may want to contact your state attorney general’s office and report any discrimination you suspect. Sometimes, employers can be repeat offenders, and the attorney general’s office may want to investigate a problem employer, even after the time limit for filing a claim has passed. Pursuing justice outside of the legal system might not help you get your job or pay back, but it can have a big impact on laws and policies that will protect you and other women in the future.
STAYING HEALTHY AND EMPLOYED: WORKPLACE ACCOMMODATIONS FOR PREGNANCY
Alexandra worked for two years as the office manager in a small doctor’s office. Her relationship with the doctor was generally strained, but in the months after she announced her pregnancy, it got progressively worse. The doctor did not allow Alexandra to take a lunch break or use any paid time off for her prenatal appointments, so when she had to visit the doctor, she had to take a full day off work without pay. Halfway into her pregnancy, the doctor told Alexandra that he was demoting her and cutting her pay and instructed her to train another employee to take over her responsibilities. Shortly thereafter, he fired her. Alexandra’s boss told her that he should have fired her on the spot once she informed him she was pregnant and that any reference he might give her would depend on how she handled her termination.
I was pregnant and had horrible morning sickness (my doctor was going to hospitalize me—it was that bad) and was running to throw up every twenty minutes. [My bosses] seemed like they would be accommodating, having a separate place for women to pump, but they told me [that] they would only give me one extra fifteen-minute break (that I couldn’t split [it] up into fifteen one-minute breaks to get sick; I could only take one a day) AND I had to email someone and get permission before I could use it . . . I was fired when one day I was driving to work and threw up in the car and was late to work because I had to change and clean up . . . I called to let them know, and they told me to come in covered in puke if I had to, but if I was late, [not to] bother coming in.
Unfortunately, we hear lots of stories like these—pregnant women who experience unfair treatment at work after announcing their pregnancies. Although we hope you are fortunate enough to have a boss who is understanding and eager to help, we realize this may not be the case. Even those who have good relationships with their employers sometimes see those relationships sour once the news is out.
Workplace Accommodations for Complicated or Difficult Pregnancies
We hope that you are blessed with an easy pregnancy and that you glow right through your due date! But you may find yourself, like many women, facing unexpected complications related to your pregnancy. These could range from severe morning sickness to a diagnosis of preeclampsia or some other condition. If this does happen, keep in mind that you may have additional rights under federal, state, and local disability laws designed to help people with limitations stay on the job. If you have a disability under the law, you can seek what is called a “reasonable accommodation” from your employer—that is,