It’s hard to fathom, that pregnancy discrimination still exists. Since the start of FY 2011, the U.S. Equal Employment Opportunity Commission (EEOC) has recovered approximately $4.4 million for victims of pregnancy discrimination through its litigation program. Sadly, discrimination-related lawsuits have involved workers in all segments and sectors of the workforce. Anti-discrimination training is still desperately needed in today’s workplace, as is training specific to pregnancy discrimination!

What is Pregnancy Discrimination?

Pregnancy discrimination is a type of employment discrimination that occurs when expectant employees face discrimination due to their pregnancy or intention to become pregnant. This type of discrimination includes firing or not hiring someone.

According to the EEOC, recent pregnancy discrimination violations include:

• Refusing to allow lactating mothers to return to work
• Requiring medical clearances not required of non-pregnant employees
• Retaliating against pregnant employees or bystanders who raise concerns about pregnancy discrimination
• Discharging employees who take medical leave for pregnancy-related conditions, such as a miscarriage
• Refusing to hire, failing to promote, demoting, or firing employees after learning they are pregnant
• Failing to accommodate pregnancy-related work restrictions where non-pregnant employees have or would receive similar accommodations
• Limiting employment opportunities for pregnant women, such as by placing them on involuntary leave, refusing to let them continue working beyond a certain point in the pregnancy, reducing work hours, or limiting work assignments due to employer safety concerns

Ways to Support Pregnant Employees

#1. Know the pregnancy discrimination laws! The reality of employees not knowing the laws is costly to the company and their reputation. It’s also detrimental to the employees’ well-being.

Take, for instance, the EEOC v. Founders Pavilion, Inc. pregnancy discrimination case. The EEOC filed suit against the company under Title VII. The claim stated that Founders Pavilion refused to hire a woman, withdrew an offer of employment to a second woman, and terminated a third woman due to pregnancy. This lawsuit and settlement also involved claims under the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act.

The result of the lawsuit was substantial:

• Founders Pavilion settled the lawsuit for $370,000
• Founders Pavilion agreed if it is to resume conducting business, they must:
  • Post notices and send a memo to all employees regarding the lawsuit and consent decree
  • Adopt a new anti-discrimination policy to distribute to all employees
  • Provide anti-discrimination training to all employees
  • Provide periodic reports to the EEOC regarding any internal complaints of discrimination

What are pregnant employees’ legal rights? Well, there are quite a few! All employees, not only those who are eligible, must be aware of pregnant employees’ rights and the company’s legal obligations.

• Fair Labor Standards Act (FLSA) is a U.S. federal labor law that sets standards for minimum wage, overtime pay, and child labor, among other things. The law contains provisions that support pregnant employees:
  • Equal pay: The FLSA mandates that employees, including pregnant individuals, must be paid at least the federal minimum wage for all hours worked. This law ensures that pregnant employees are not paid less than non-pregnant employees for performing the same job assignments.
  • Overtime pay: Under the FLSA, eligible employees, including pregnant workers, are entitled to overtime pay at one-and-a-half times the rate of their regular hourly wage for hours worked beyond 40 hours in a work week. This scenario applies to most employees and pregnant employees. The law ensures fair compensation for their additional hours.
  • Work hours and rest breaks: While the FLSA does not specifically address pregnancy-related accommodations, it does regulate work hours and rest breaks. Employers are required to adhere to these regulations, which indirectly benefit pregnant employees. For example, the FLSA mandates that non-exempt employees must receive at least a 30-minute meal break if they work more than 6 hours per day. Pregnant employees may need these breaks for rest and nutrition.
  • Non-discrimination: The FLSA prohibits employers from discriminating against employees on the basis of sex and gender. The law includes discrimination against pregnant employees. Employers can’t treat pregnant employees less favorably than other employees based on their pregnancy status.
  • Reasonable accommodations: Nursing mothers also receive special protection under the FLSA. Organizations must provide a nursing mother, in the first year after the birth of the child, with a reasonable time and space to pump or express milk. State laws may provide more protection than the FLSA. For employers, it is critical to know that an available, private nursing space is required.

• Family and Medical Leave Act (FMLA) states that all eligible employees may be entitled to up to 12 weeks of unpaid leave over a 12-month period for the birth and care of a newborn. The FLSA'’s wage and hour provisions continue during the pregnancy-related absence. Employers must maintain the employees’ health insurance benefits. These provisions ensure fair treatment and prevent undue hardship to the employees.
• Title VII of the Civil Rights Act of 1964 is a federal law prohibiting pregnancy discrimination in the workplace. The law applies to employers with 15 or more employees. It protects pregnant women from discrimination in employment decisions, like hiring, firing, promotion, and other employment practices.
• The Pregnancy Discrimination Act (PDA) of 1978 is an amendment to Title VII that explicitly prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Pregnant women are part of the protected class group. The law requires employers to treat pregnant women the same as non-pregnant employees regarding benefits, leave of absence, and other employment-related matters.
• Americans with Disabilities Act (ADA) enforces that pregnancy-related disabilities may qualify for ADA protection if they substantially limit a major life activity. Employees with pregnancy-related disabilities must have reasonable accommodations.
• Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers for known limitations related to pregnancy, childbirth, or related medical conditions, even where those limitations fall short of a disability under the ADA.
• State-specific laws provide additional protections to pregnant employees. These state laws may include more extensive disability leave, accommodation requirements, and other benefits.

It’s essential to consult with legal counsel and stay up to date with federal and state laws to ensure compliance. Remember to keep abreast of local laws, too!

#2. Promote company policies. HR should have clear policies in place for paternity and maternity leave. All employees should be aware of the benefits and specifics of the policies.

#3. Treat all employees equally. Remember to treat pregnant employees the same as other employees. Fair treatment includes major functions of her job, promotions, pay increases, and assigning high-profile projects.

#4. Communicate openly. Pregnant employees may have unique needs or concerns that management needs to be aware of. Encourage open communication. Always be an active listener. Be respectful of sensitive information.

#5. Provide accommodations. Remember the ADA law. If an employee requests accommodations due to pregnancy-related conditions, work with them to find reasonable solutions. Typical accommodations include flexible work schedules, remote options, ergonomic solutions, and temporary alternative reassignments.

#6. Be of assistance. HR should be available to discuss health insurance coverage and the level of health benefits. Help a pregnant employee who needs to take leave under the FMLA navigate the process. Provide options for child care to new parents. Always be there for all employees to offer help as needed.

#7. Offer health and wellness programs. Topics for these programs can range from maternal health to sharing prenatal support services to stress management. Promote the Employee Assistance Program (EAP) so new parents understand they have access to counseling services. Returning to the office for the postpartum worker can be emotional. Those with a newborn baby must have the resources to balance work and family life.

#8. Embrace a supportive and inclusive culture. Foster a workplace culture that values work-life balance and supports employees during significant life events, such as pregnancy and childbirth. A supportive and inclusive work environment promotes employee well-being and helps attract and retain top talent.

#9. Monitor and evaluate policies and accommodations. Regularly request feedback from pregnant employees and new parents. Be open and responsive to adjusting strategies based on feedback and changing needs.

#10. Provide pregnancy anti-discrimination training. Proper anti-discrimination training can prevent lawsuits. Obviously, the EEOC sees the importance of pregnancy discrimination training as it’s typically one of the ramifications of a lawsuit.

Here’s yet another real-life story of pregnancy discrimination, involving the EEOC v. Kids R Us, LLC. The EEOC suit against the company under Title VII claimed that a woman was demoted from her full-time position as assistant faculty director to a part-time cook position because, according to one of the company owners, she “decided to get pregnant.” The settlement agreement included providing live training to all Kids R Us employees on anti-discrimination laws, including laws prohibiting pregnancy discrimination and retaliation.

By training employees on their rights under federal and state laws, employers can prevent confusion on coverage such as breaks, vacations, and more. Education can also help employees be their own advocates at work. For example, if an employee’s manager decides that they must pump breast milk in the restroom, but the employee knows that company policy and the FLSA say differently, they can inform the manager or HR before pursuing it through the Department of Labor, which could lead to significant fines.

HSI Can Help!

Ready to provide pregnancy anti-discrimination training? Ready to say no to a hostile work environment? HSI offers an in-depth, all-encompassing online compliance and anti-harassment employee training program for all audiences. The training bundle pairs learnings on key workplace regulations, such as FMLA and ADA, with comprehensive anti-harassment prevention training. Whether for an HR professional ensuring policies are within compliance, a business leader concerned about potential litigation, or an employee who believes their rights have been violated, this bundle has what everyone needs.

Compliance training for managers often looks different from that needed by employees on the front line. Tailored compliance course material reflects the learners’ roles and responsibilities.

We recommend teaching about anti-harassment and learning the “why” behind it. When employees understand why harassment happens and how to identify it, organizations have a higher chance of preventing it. Offer courses on understanding offenders, targets, warning signs, bystander training, and ways to build a healthy culture.

HSI offers a wide variety of up-to-date compliance and anti-harassment online training courses. Here’s the list of HSI’s courses that focus on pregnancy discrimination.

• Pregnancy Discrimination Act for Employees
• Pregnancy Discrimination Act for Managers
• Pregnant Workers Fairness Act: PWFA for Employees
• Pregnant Workers Fairness Act: PWFA for Managers
• Pregnancy Discrimination Act: PDA for Employees
• Pregnancy Discrimination Act: PDA for Managers
• Women and Gender Bias: Recognizing and Reporting Pregnancy Discrimination

Our HSI LMS is mobile-first and learner-first. Employees can access it at any time and at their own pace. HR professionals can build a supportive and inclusive workplace culture and continuous learning, access and track training, and protect your company’s brand and reputation. Consistent anti-discrimination training can have an impact on the company’s bottom line.

For more information on the best way HSI can help, request a free trial of our LMS.

Resources

• eBook: Making Anti-Harassment Training a Positive Experience
• White Paper: How To Choose the Best Anti-Harassment Training Program
• Blog: The Ins & Outs of An Effective Harassment Training Program: Consistency in Training by Using Online Training
• Blog: Benefits of Adding Harassment Training to Improve the Impact of Diversity Equity and Inclusion (DEI) Training