Pregnancy is a challenging process. Women go through many physical and emotional changes as they prepare to bring new life into this world. The birth of a child is also likely to be very expensive, so most expectant mothers do not want to give up their employment after learning about their pregnancy.
Instead, they may keep working until they go into labor or until their pregnancy symptoms prevent them from doing their jobs safely. Pregnant professionals have many protections under federal statutes and Hawaii state laws.
They should not face discrimination on the basis of their pregnancy, but pregnancy discrimination is still a relatively common form of sex-based discrimination. What are some of the ways that employers mistreat pregnant women?
Firing them during their pregnancy
Many employers dislike the obligations imposed on them when workers are pregnant. Instead of accommodating the worker and allowing her to take maternity leave, they may start looking for reasons to terminate the pregnant employee. Sudden complaints about or increasingly strict rule enforcement can be warning signs of pregnancy discrimination. Most companies do not outright fire workers upon learning about their pregnancy but instead try to create a paper trail justifying the termination.
Refusing to accommodate medical needs
Pregnant women often need certain forms of support from their employers to continue working. They may have to limit how much they lift or take more frequent breaks for rest and bathroom needs. In some cases, they may even require assistive technology, new job responsibilities or work-from-home arrangements. Employers sometimes refuse to accommodate a woman’s medical needs during pregnancy even when the company is capable of doing so and the woman has clear documentation from a doctor showing that the support is necessary.
Demoting a worker when she returns
Many employers offer maternity leave. Even those that do not may have to allow a new mother to take an unpaid leave of absence under the Family and Medical Leave Act (FMLA). In some cases, employers may wait until workers return from their leave and may then demote the employee or refuse to let them return to the same position.
Women who have experienced workplace pregnancy discrimination may need help fighting back. Documenting what happened and discussing the situation with an employment attorney could help frustrated new mothers or expectant mothers hold their employers accountable.