How Pregnancy Discrimination Connects to Other Forms of Workplace Bias
Pregnancy discrimination rarely exists in isolation. When employers treat pregnant employees unfairly, their actions often reflect broader patterns of workplace bias that extend beyond pregnancy itself. Understanding these connections can help employees recognize discrimination when it occurs and strengthen their legal protections.
The relationship between pregnancy discrimination and other forms of workplace bias is complex and multifaceted. Employers who discriminate against pregnant workers frequently engage in sex discrimination, familial status discrimination, racial discrimination, and sometimes disability discrimination. These overlapping forms of bias create a web of illegal workplace practices that can significantly impact a woman’s career and financial stability.
Recognizing how different types of discrimination intersect is crucial for both employees and employers. For workers, this understanding can help identify when their rights have been violated and what legal protections apply. The pregnancy discrimination attorneys at Barrett & Farahany can help.
Understanding Pregnancy Discrimination
Pregnancy discrimination occurs when employers treat pregnant employees unfavorably because of their pregnancy, childbirth, or related medical conditions. This type of discrimination can manifest in various ways, from refusing to hire pregnant applicants to terminating employees who announce their pregnancy.
The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII of the Civil Rights Act of 1964 to clarify that discrimination based on pregnancy constitutes a form of sex discrimination. Under this law, employers with 15 or more employees must treat pregnancy the same way they treat other temporary medical conditions. This means pregnant employees are entitled to the same benefits, leave policies, and job protections as other temporarily disabled workers.
The PDA also prohibits employers from making assumptions about a pregnant employee’s ability to work. Employers cannot force pregnant workers to take leave if they are able and willing to work, nor can they refuse to hire someone because they might become pregnant in the future.
Pregnancy Discrimination and Sex Discrimination
The most direct connection between pregnancy discrimination and other forms of bias lies in sex discrimination. The PDA explicitly recognizes that pregnancy discrimination is inherently a form of sex discrimination because only women can become pregnant.
This connection means that pregnancy discrimination cases often involve broader patterns of sex-based bias. For example, an employer who refuses to promote pregnant employees might also have a history of passing over qualified women for leadership positions. Similarly, workplace cultures that penalize pregnancy often harbor other forms of gender bias, such as unequal pay or limited advancement opportunities for women.
Sex discrimination in the context of pregnancy can also involve assumptions about women’s roles and capabilities. Employers might assume that pregnant women will be less committed to their careers or less capable of handling demanding responsibilities. These stereotypes reflect deeper biases about women in the workplace and their ability to balance professional and personal responsibilities.
Pregnancy Discrimination and Familial Status Discrimination
Pregnancy discrimination closely relates to discrimination based on familial status, as both involve an employer’s response to an employee’s family circumstances. Familial status discrimination occurs when employers make adverse employment decisions based on an employee’s family responsibilities or their perceived family obligations.
Employers may discriminate against pregnant women based on assumptions about their future family responsibilities. They might assume that pregnant employees will be less available for overtime, travel, or demanding projects after giving birth. These assumptions can lead to reduced opportunities, exclusion from important projects, or even termination.
This type of discrimination often extends beyond pregnancy to affect parents in general. Employers who discriminate against pregnant employees frequently also penalize employees who request family leave, need flexible schedules for childcare, or have other family-related needs. This creates a workplace environment where having or planning to have children becomes a career liability.
Pregnancy Discrimination and Disability Discrimination
Pregnancy itself is not considered a disability under the Americans with Disabilities Act (ADA). However, pregnancy-related medical conditions can qualify as disabilities that require reasonable accommodations from employers.
Conditions such as gestational diabetes, severe morning sickness, complications requiring bed rest, or high-risk pregnancies may be covered under the ADA. When these conditions substantially limit a major life activity, employers must provide reasonable accommodations unless doing so would cause undue hardship.
The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, strengthens these protections by requiring employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. This can include modified work schedules, adjusted duties, more frequent breaks, or temporary reassignment to less physically demanding tasks.
Pregnancy Discrimination and Racial Discrimination
Pregnancy discrimination and racial discrimination are deeply interconnected as they both reflect systemic biases and inequalities within workplaces. Women of color, particularly Black and Latina women, often face heightened vulnerabilities due to the intersectionality of these forms of discrimination. Studies have shown that they are more likely to work in physically demanding or low-wage jobs where accommodations for pregnancy are less commonly provided or actively denied.
Additionally, implicit biases tied to race and gender can amplify discriminatory practices, leading to greater challenges in securing fair treatment and necessary accommodations. Addressing these overlapping forms of discrimination requires comprehensive policies that prioritize equity and actively combat prejudices in employment practices.
Taking Action Against Pregnancy Discrimination
If you are planning to bring a pregnancy discrimination lawsuit against your employer, time is of the essence. For this reason, it is important to speak with a seasoned employment rights attorney or pregnancy discrimination lawyer in Atlanta, GA, as soon as possible.
Barrett & Farahany has extensive experience with pregnancy discrimination litigation and can thoroughly assess your case, review your options, and help determine the best legal path toward a favorable outcome. Contact us today to schedule a consultation.
