The U.S. Equal Employment Opportunity Commission ("EEOC") reports that since 2005, Pregnancy Discrimination Act ("PDA") claims have risen almost twenty four percent more than any other job-bias allegations. In the fiscal year 2005, the EEOC received 4,730 pregnancy discrimination claims. That number grew to 6,285 in fiscal year 2008. Claims decreased slightly in fiscal year 2009, to 6,196. The PDA was enacted in 1978 as an amendment to Title VII of the 1964 Civil Right Act, which bans job discrimination based on sex, race, color, religion and national origin. The act prohibits job discrimination,"because of or on the basis of pregnancy, childbirth, or related medical conditions."
Experts point to two key explanations for the disproportionate rise of pregnancy discrimination claims. Due to economic necessity, more pregnant women are in the workforce today than in 1978. Experts also cite the economic downturn -- discharged workers often bring discrimination claims as a last alternative.
The significant increase in claims makes it imperative that employers understand and comply with pregnancy laws. California's Fair Employment and Housing Act protects women from workplace discrimination based on sex, which includes discrimination based on pregnancy, childbirth, and medical conditions related to childbirth. In addition, California employers with five or more employees must provide up to four months of leave to employees disabled by pregnancy, childbirth, or related medical conditions. Furthermore, the California Family Rights Act provides eligible employees of employers with fifty or more employees up to twelve weeks of "baby bonding" leave. And, the federal Family Medical Leave Act provides additional pregnancy leave rights.
While the interrelation between these laws is complicated, employers must ensure that they are in compliance with the laws' provisions. In addition, employers should train managers on how to respond to pregnancy-related leaves of absence, how to accommodate pregnant employees, and how to prevent discrimination and retaliation. Terminating or demoting a woman shortly after she announces her pregnancy, differential treatment of a pregnant employee, and inconsistent performance evaluations all increase liability risk. The employee handbook should set forth policies relating to anti-discrimination and pregnancy leave rights. When hiring, employers must not take an employee's pregnancy status into consideration.
Employers, however, should also be aware that pregnant employees do not have the right to evade legitimate disciplinary measures simply because they are pregnant. Provided that the disciplinary process is handled properly, and is based on legitimate, non-discriminatory factors, employers can take action to manage the performance of pregnant employees, and discipline them when necessary. Employers should consult legal counsel before taking adverse employment actions that affect pregnant employees.
