Stopping Pregnancy Discrimination in the Workplace

Discrimination toward pregnant women is difficult to measure. There are many factors involved with the subject. This type of discrimination is typically not mentioned in employee handbooks. Although a company regulation may seem harmless, it may actually have an adverse impact on pregnant employees. Many other types of discrimination are easily discernable, but it takes a little work to check out a pregnancy bias complaint.

Education about the legality of company procedures could definitely decrease the frequency of infractions. According to Greenwald (2006), many experts believe that companies discriminate on the side of caution, because they are trying to take care of the expectant mothers (¶11). However, this causes problems, because the women feel they are being patronized by their employers.

An attorney stated, "You can't take a paternal attitude. This is not your child" (¶12). It is easy to discriminate, because a seemingly neutral policy could be biased when it comes to pregnant employees. If there are bonuses or benefits tied to number of days worked, then pregnant women are at a disadvantage compared to other employees. The important thing is to teach employees how to effectively deal with their pregnant coworkers.

If the employer is worried about the health of the woman or the child, then it should give the expecting mother all information about the safety of her job. However, the employer cannot move the woman simply because it decides to.

Some experts say that pregnant women should not get special treatment. The argument is based on the fact that women choose to get pregnant, whereas other disabled persons are not able to make a choice about their disabilities.

On the other side of the coin, some women want to be treated more gently. A group of female police officers in Michigan are suing their employer for not allowing them to work light duty while pregnant. This is the type of discrimination that is more blatant, and it is harder for an employer to explain away this type of action.

According to the article, the police department had no way of allowing the women to get light duty, because a male coworker with an injury was denied light duty at an earlier time. One of the officers "Was forced onto sick leave even though she had been working a desk job ... for more than five years when she became pregnant and although DPD's own medical experts established that she was fully able to perform her job up to the end of her pregnancy".

While employers should err on the side of caution, having a short term disability plan for pregnant employees is a must. Also, allowing the pregnant workers to work as long as they are willing and able to fulfill the essential job functions safely will go a long way toward fighting pregnancy discrimination.

References

Greenwald, J. (2006). Preventing pregnancy bias claims. Business Insurance, 40 (32). Retrieved from the Business Source Premier database.