Protections from pregnancy discrimination in the workplace

| Feb 22, 2021 | Workplace discrimination |

Pregnancy discrimination in the workplace is prohibited and workers are protected from it as a form of gender-based discrimination. Pregnant workers should consider familiarizing themselves with protections available based on pregnancy and the prohibitions against pregnancy discrimination.

Pregnancy discrimination prohibitions

Pregnancy-based discrimination prohibitions include:

  • Employers are prohibited from maintaining any employment policy or practice that excludes applicants for employment based on pregnancy;
  • Employers are prohibited from maintaining any employment policy or practice that denies terms, conditions, or privileges of employment to any employee based on pregnancy, childbirth or a related medical condition;
  • Pregnant employees must be permitted to perform their job for as long as they are able to do so;
  • Employers are prohibited from singling out pregnancy or related conditions for special procedures to determine the employee’s ability to perform their work;
  • Employers are prohibited from making employment decisions related to an employee’s work performance based on a stereotype or assumption concerning the employee’s pregnancy; and
  • Employers are prohibited from terminating employment, denying assignments or denying promotions to an employee because of pregnancy, childbirth or a related medical condition. They are also prohibited from taking actions such as denying training, cutting hours, offering less desirable hours or other benefits of employment based on pregnancy, childbirth or a related medical condition.

Pregnancy discrimination is a form of gender discrimination that is prohibited in the workplace. It is important for pregnant employees, those considering pregnancy or pregnant applicants to be familiar with these protections is they believe they have been discriminated against in the workplace or hiring process.