Pregnancy Discrimination at Work

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth or related medical conditions. For this reason, pregnancy is considered a protected characteristic as outlined in the Equality Act 2010 and makes it unlawful to treat a woman unfavourably because of her pregnancy or any matters related to it. This protection applies from the start of pregnancy until the end of maternity leave.

Key rights at work

One of the key rights that pregnant employees have is the protection from dismissal and redundancy. This protects the, from being unfairly dismissed or selected or redundancy due to pregnancy or maternity leave and employers must offer suitable role alternatives if there are some available. Employees are also entitled to up to 52 weeks of maternity leave, with statutory maternity pay if they are eligible for it. Upon coming back from maternity leave, the employees are entitled to return to the same job, unless it is not possible, in which case they are to be offered a suitable alternative. Employers must protect the health of pregnant employees and their babies, including reasonable adjustments and paid time off got antenatal care.

Unlawful discrimination

Unlawful protection would be any action where an employer does something that is not favourable in the eyes of the employee based on the fact that they are or were pregnant such as denying a promotion because an employee is on maternity leave or reducing shifts when they return from maternity leave. Protection from these actions applies to employees, casual workers, agency workers, freelancers and contractors from day one of employment. Even after the protected period, a case may be deemed to be under sex discrimination if the treatment is linked to pregnancy or maternity.

Workplace accommodations

Employers make accommodations for pregnant employees in the workplace such as allowing them to alter their work hours or work type to help them. In these situations, it is key that the employers and employees maintain clear communication to ensure that the necessary adjustments are made so that all pregnant employees can have changes made to match their unique needs. There must also be confidentiality to the discretion of the employee regarding aspects of their pregnancy such as their medical records as it is their right to privacy in regards to such information.

Enforcement of protection

The Equal Employment Opportunity Commission enforces federal pregnancy discrimination laws stated before such as Title VII. Employees are able to file complaint with the EEOC if they feel that they have experienced discrimination due to the fact that they are or were pregnant during the time of their employment or if they feel that they have been denied accommodations that they have requested to have been made. Legal action may include claims for unfair dismissal, discrimination, or victimisation under the Equality Act 2010. In summary, the Pregnancy Equality Act ensures that women are protected from unfair treatment as stated about on the basis of their pregnancy, maternity, or related medical conditions. This provides robust work rights which creates a comfortable workplace for pregnant employees and ensures that there is no discrimination in their place of work.

If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.