Pregnancy discrimination is strictly prohibited in employment situations. There are many ways that this can occur, with the most obvious being when someone is experiencing a current pregnancy. If an employee is discriminated against based on their status as a pregnant person, due to related medical conditions, or simply because they have to go to certain medical appointments or use maternity leave, then their rights as an employee have been violated.
One important thing to keep in mind, though, is that the potential for pregnancy can also lead to discrimination. In this sense, an employee does not even technically have to be pregnant at the time to be discriminated against.
Trying to avoid maternity leave
For instance, an employer may know that they cannot fire someone who has become pregnant just to get out of paying them while they are on maternity leave. That employee has a right to leave after giving birth, and they should also be given the ability to go to doctor’s appointments and take other necessary steps. Even once they return to work, they may have a right to certain breaks, such as for lactation.
To get around this, an employer may decide to discriminate against an employee whom they believe may become pregnant in the near future. Say that a young woman gets married and mentions to her boss that she hopes to start a family in the next few years. If her boss then fires her or cuts her hours in response, it is discrimination based on her potential to become pregnant.
These types of cases can certainly be complex, and all employees must understand exactly what rights they have and what legal steps to take to protect their interests. If you are facing pregnancy discrimination, please do not hesitate to reach out to our team to learn more.