The following are several frequently asked questions about pregnancy discrimination in the workplace.
1. Question: I just found out that I am pregnant. Can my employer fire me or reassign me?
Answer: No. Under the Civil Rights Act of 1964, an employer with 15 or more employees cannot fire you because you are pregnant, and your employer must permit you to continue working as long as you are able. Some states have laws that cover employers with fewer than 15 employees. If you work for an employer with fewer than 15 employees, check with your regional Women’s Bureau office to see if your state has an agency that can assist you.
2. Question: Can I be fired for filing a complaint against my employer if I believe she or he has violated the Pregnancy Discrimination Act?
Answer: No. It is unlawful for an employer to retaliate against an individual for opposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.
3. Question: I was bypassed for a major promotion because I am pregnant. Is this legal?
Answer: No. The law is very specific when it comes to pregnancy discrimination. The primary agency that administers federal law on pregnancy discrimination is the Equal Employment Opportunity Commission (EEOC), which can be reached at 800/669-4000. Contact the EEOC to speak with a counselor about your legal rights. The EEOC or other federal agencies handling the complaint may investigate and/or offer mediation services to help resolve the complaint. Your employer cannot take away credit for previous work years or seniority because you go on maternity leave.
4. Question: I am having a baby and want to take some time off from work after the baby’s birth. How much time am I entitled to take?
Answer: The Family and Medical Leave Act (FMLA) of 1993 entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons, including the birth or adoption of a child or placement of foster children. Eligible employees are entitled to receive continued employer health insurance coverage during the leave.
The first step is to determine if your employer is covered under the act. The act covers private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Public agencies, as well as public elementary and secondary schools, are covered employers regardless of the number of employees.
The next step is to determine your eligibility under the act. To be eligible, you must have worked for your employer for at least 12 months, have worked at least 1,250 hours during the past 12 months, and work at a location where your employer employs at least 50 employees at the site or within 75 miles of the site. The 12 months you are required to have worked for your employer do not have to be consecutive. The Family and Medical Leave Act is enforced by the Wage and Hour Division in the Employment Standards Administration of the U.S. Department of Labor. Learn more about the act and eligibility requirements in the AAUW Legal Advocacy Fund Online Resource Library.
Some states have laws that are more generous than the federal law. Check with your regional Women’s Bureau office or local Wage and Hour office for information about your state’s law. In addition, some employers offer more generous benefits than the federal and state laws, so check your employee handbook or personnel policies or talk to a human resources officer in your organization.
5. Question: If I take leave due to pregnancy, how long must my employer hold my job open?
Answer: An employer must hold open your job the same amount of time a position would be left open for an employee who is on leave because of sickness or disability.
6. Question: Are my benefits altered if I am pregnant but not married?
Answer: Any pregnancy-related benefits must be offered to employees regardless of their marital status.
7. Question: How are my pay increases, vacation calculations and accrual, and credits of service affected by my pregnancy-related disabilities and leave?
Answer: Temporarily disabled employees and employees on leave for pregnancy-related disabilities must be treated the same with respect to any benefit, accrual, and vacation calculation.
8. Questions: How many people have filed charges of pregnancy discrimination under the PDA?
Answer: In 2007, the EEOC received 5,587 complaints of pregnancy-related discrimination.
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