It’s Business, And It’s Personal

Pregnancy discrimination in the workplace

On Behalf of | Feb 24, 2023 | Employment Law |

Your employer has no right to discriminate against you based on your decision to have children.

Under Title VII of the civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, employers are legally prohibited from discriminating against potential and current employees for:

  • Current, past, or possible future pregnancy
  • Pregnancy-related or childbirth-related medical condition (e.g., breastfeeding)
  • Having or not having an abortion
  • Using birth control

However, sex discrimination based on pregnancy still happens all the time. Some of the most common forms of workplace sex discrimination based on pregnancy include:

  • Taking disciplinary action against a pregnant employee (demotion, termination, reduction in pay, denial of promotion, etc.).
  • Denying a request for temporary accommodation (e.g., light duty).
  • Refusing to hire an employee because they are pregnant or asking during a job interview if they plan to have children.
  • Denying an eligible employee’s request for maternity or parental leave under the Federal Family and Medical Leave Act (FMLA).
  • Harassing an employee by commenting on pregnancy or pregnancy-related condition.

If you are expecting a child, you have many things to worry about. Your job should not be one of them.

If your employer discriminated against you due to your pregnancy, save all emails, texts, performance reviews, and other documentation that may indicate that your employer took adverse action against you based on your pregnancy.

Employment law attorneys in North Carolina help protect employee rights by reviewing evidence and filing legal claims against employers who unlawfully discriminate against workers.