Pregnancy discrimination is a form of workplace bias where an employee is treated unfavorably due to pregnancy, childbirth, or related medical conditions. While laws such as the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), and the New Jersey Law Against Discrimination (NJLAD) exist to protect pregnant employees, discriminatory practices are still common in many workplaces. Understanding what pregnancy discrimination looks like can help you identify it early and take the necessary steps to protect your rights.
Is Pregnancy Discrimination Happening To You?
One of the most obvious signs of pregnancy discrimination is a sudden change in treatment after announcing your pregnancy, such as being excluded from meetings, reduced responsibilities, or being passed over for projects or promotions. Sometimes, this may happen subtly, where you are no longer invited to contribute to important decisions or excluded from future planning discussions. These shifts are often justified with vague reasons like “we thought you’d be too busy” or “we assumed you’d want to scale back.” Usually, they are based on assumptions about your pregnancy, not your actual abilities.
Disparaging Remarks
A more direct form of pregnancy discrimination occurs when employers make disparaging remarks about your pregnancy or start asking intrusive questions. Comments like “Are you sure you’ll be able to manage this workload?” or questions about your plans for maternity leave can indicate a bias against pregnant employees. If you feel pressured to cut short your maternity leave or return to work earlier than planned, this could be a form of subtle coercion designed to sideline you.
Denied Reasonable Accommodations
Another common type of pregnancy discrimination is being denied reasonable accommodations. Under the law, employers must provide reasonable accommodations to pregnant employees, similar to any other temporary medical condition. These accommodations could include more flexible hours, lighter physical tasks, or additional breaks. If your employer refuses your request for accommodations or forces you to take unpaid leave instead, this is unfair and could also be illegal. For example, if you are told you must take time off because the company does not want to deal with your pregnancy-related needs, this could be a violation of your rights under the law.
Demotions or Changes In Assignments
Moreover, demotions or changes in job assignments after disclosing a pregnancy are clear red flags. If you are reassigned to less desirable tasks or transferred to a lower-paying position without a valid, performance-based reason, this could be a sign of pregnancy discrimination. Often, companies might disguise these actions as restructuring or necessary adjustments for the business, but if they coincide with your pregnancy announcement, you should question whether the real motive is biased against your condition.
Hostile Work Environment
Another way pregnancy discrimination manifests is through hostile work environments. You might notice that colleagues or supervisors become openly critical of your performance. Being micromanaged more than usual, receiving negative feedback that does not align with your previous performance reviews, or sensing that your job security is suddenly under threat are all warning signs of a hostile work environment that could stem from pregnancy-related discrimination.
Hiring Decisions Based On Pregnancy Status
In some cases, pregnancy discrimination may also occur during the hiring process. If you are visibly pregnant during an interview and later learn that the company hired a less qualified candidate, or if you are asked inappropriate questions about your family plans, this could be discrimination. Employers cannot make hiring decisions based on your pregnancy, yet many women report that they were turned down for positions after disclosing their pregnancy status.
If you suspect pregnancy discrimination, it is critical to document it. Keep a written record of discriminatory comments, sudden changes in job duties, or refusals for accommodations. A clear timeline of events will strengthen your case if you decide to take legal action or file a formal complaint.
Pregnancy discrimination can take many forms, from subtle shifts in workplace dynamics to blatant unfair treatment. Whether it is exclusion from important projects, demotion, denial of accommodations, or hostile comments, knowing the signs of pregnancy discrimination is crucial. If you believe your rights as a pregnant employee have been violated, contact Schall & Barasch today.
