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According to the Equal Employment Opportunity Commission (EEOC), 72% of working women will become pregnant at some point during their employment. Based on this statistic, it’s not unlikely that you will, in fact, employ a pregnant worker at some juncture.
As an employer, you’re in a unique position to support your team members as they experience many of life’s most significant events, including beginning and growing their families. As an employee relations and HR compliance expert at Axcet HR Solutions, I'm here to demystify pregnancy discrimination and help you prepare to meet your employees’ needs while your business continues to grow and thrive.
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A worker’s pregnancy status is a protected trait and must be treated as such. Pregnancy is protected from discrimination under multiple laws, and understanding your obligations as an employer can be tricky. In this article, we’ll help you make sense of the guidance from the EEOC.
The EEOC enforces three laws protecting employees and job applicants based on pregnancy status. These laws are enforced at a federal level, meaning they apply throughout the entire United States. Some jurisdictions, however, may have stricter laws. An HR compliance expert can help you determine if your state or locality enforces other pregnancy discrimination rules that you need to be aware of.
The three federal laws related to pregnancy status that are enforced by the EEOC are:
Let’s break down the details of these laws one by one.
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, is often referred to simply as the “Pregnancy Discrimination Act” or “Title VII.” The Pregnancy Discrimination Act prohibits employers from discriminating against both current employees and applicants for roles based on pregnancy and related factors, such as:
Under the Pregnancy Discrimination Act, employers may not make any hiring decisions, firing decisions, promotion choices, or any other employment decisions based on pregnancy or pregnancy-related factors like those described above. The EEOC classifies discrimination of this kind as a type of “sex-based discrimination.”
Essentially, under the Act, employees who are pregnant or who are dealing with pregnancy-related issues must be treated with the same benefits as any other employee. Here are a few common examples of how this rule plays out in a typical employer-employee relationship:
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The Pregnant Workers Fairness Act is a federal regulation signed into law on December 22, 2022, to combat pregnancy discrimination. The Act took effect on June 27, 2023, and employers who are not in compliance could face penalties.
Under the PWFA, employers are generally prohibited from refusing ‘reasonable accommodations” to pregnant employees or applicants for jobs. Companies also may not deny a job, promotion or a similar benefit to a pregnant applicant or employee because the individual may need a reasonable accommodation to perform their job duties.
In this context, a reasonable accommodation is an adjustment offered by an employer that would make an environment or circumstance fair and equitable to a worker or applicant who is pregnant or dealing with a pregnancy-related issue.
What qualifies as a “reasonable accommodation” is fact-specific; something that might be a reasonable accommodation for one employer could be unreasonable (and thus not required) for another. Generally, employers cannot force a pregnant employee to take unpaid leave when the employer could provide a reasonable accommodation instead.
The third and final law we’ll cover is the ADA. While pregnancy is not considered a disability per se under the ADA, certain disabilities that arise as a result of pregnancy (including potential complications) can be covered by the law.
A worker’s pregnancy status might require an employer to offer reasonable accommodations in line with the provisions of the ADA.
Lastly, the ADA protects employees against discrimination and retaliation related to their disability or their attempts to report potential violations of the Act. Employers are prohibited from denying an employee or an applicant any job, promotion or other employment benefit based on their request for a reasonable accommodation at work or because they’ve filed a charge of discrimination with the EEOC.
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You’re always trying to do right by your employees, and at Axcet HR Solutions, we see that. We’re here to support you (and your team) as they grow. We are proud to help our clients navigate ever-changing regulations with skill and create compliant, comfortable working environments for their team members.
With your unique culture in mind, we’ll work together to craft employee policies and strategies that help you succeed. Schedule a consultation with our experts to review your compliance with applicable federal, state and local laws.
The information and materials on this site are provided for informational purposes only. They do not necessarily represent the position or opinions of Axcet HR Solutions or its employees, and they do not constitute legal advice.
You should consult with a qualified lawyer of your choice who is familiar with all of the facts of your situation before deciding on any legal matter.
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