What to Do If You Experience Pregnancy Discrimination

“When Elizabeth heard Mary’s greeting, the infant leaped in her womb” (Luke 1:41).

Congratulations; you’re pregnant! As a working mother, you already have a lot of balls in the air, and pregnancy in the workplace adds a few more. You have to juggle time off for prenatal appointments, make plans for maternity leave, find out if your workplace has the appropriate accommodations for pumping breastmilk, and find professional maternity clothes on top of your job responsibilities and deadlines.

If you suspect you’re the victim of pregnancy discrimination in the workplace, it adds an extra layer of anxiety and complexity to an already stressful job situation.

According to the U.S. Equal Employment Opportunity Commission (EEOC), “Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees who are similar in their ability or inability to work.”

That means your employer cannot treat you differently — decline to hire you, refuse accommodations, decrease or alter your benefits and/or compensation, or fire you — due to the fact that you are pregnant, were pregnant or are intending to become pregnant. They must treat you the same as they would treat a temporary disabled employee.

Pregnancy discrimination was officially prohibited in 1978, after the federal government passed the Pregnancy Discrimination Act, but the problem still exists. In fact, according to the New York Times, in 2017, the EEOC “received 3,184 pregnancy discrimination complaints, about twice as many as in 1992, when it began keeping electronic records.”

What should you do if you feel you may be the victim of pregnancy discrimination in the workplace? Unfortunately, many employers will claim that they made hiring, firing and compensation decisions for reasons unrelated to an employee’s pregnancy, and it’s often difficult to prove otherwise. However, there are a few measures you can take to help build your case:

1. Document, Document, Document

Keep detailed records of every interaction you have with your boss, co-workers, upper management, human resources personnel, etc. regarding your pregnancy. Note the date, time and location, and include a summary of the conversation, as best as you can remember it. Also, record the names of anyone else who was present or may have overheard the conversation.

Make sure you have copies of any employee handbooks, procedure memos, past and present performance evaluations, and similar documents. You may need to be able to show that you were a stellar employee prior to your pregnancy, in case your employer tries to hide its discrimination by claiming it took disciplinary action due to performance issues on your part.

If you have a meeting with a manager or human resources (HR) representative in which someone makes verbal statements that could constitute evidence of pregnancy discrimination, send a follow-up e-mail to everyone present that says something like this:

Hi, just to follow up on our meeting on [date] at [time] in [location,] Mr. Vice President told me that my chances of receiving a promotion next year are small because I will be on maternity leave for the first few months of the year. Is that accurate? Please confirm.

Even if no one responds, this email will help keep the facts straight in your own documentation.

Finally, be sure to keep a copy of all of your records off site, just in case.

2. Speak to Co-workers

Are there other women in your office who have been pregnant and may have been treated similarly? Do you know of any former employees who may have left due to perceived pregnancy discrimination? Do you know anyone who had a temporary disability unrelated to pregnancy? Talking to all of these people can give you an idea whether your employer has a history of pregnancy discrimination or if they are treating you differently than they treat temporarily disabled employees.

3. Contact the EEOC

If you believe you are the victim of pregnancy discrimination, you can speak to an EEOC counselor, who will give you recommendations on how to proceed and let you know whether they believe you have the basis and evidence to file a valid complaint. You can find more information on how to contact an EEOC counselor here. Bear in mind that a pregnancy discrimination complaint is time-sensitive, and you typically have 45 days from the day the act of discrimination occured to file a complaint.

4. Find Support

The stress of both pregancy and combatting pregnacy discrimination can take a toll, causing emotional upheaval and exacerbating the physical symptoms of pregnancy. Confide in your partner, other family members and trusted friends about your struggle. If you think it would be beneficial, consider seeing a therapist.

In the meantime, allow your friends and family to help you by taking as much off your plate as they can, including household chores and errands. You may also want to consider joining a Facebook support group, such as Catholic Women in Business and Catholic Working Mothers, in order to commiserate with and seek advice from women who have experienced similar discrimination.

5. Find New Employment

Not all pregnancy discrimination complaints can be proved, and even if you have excellent documentation, the process itself can take years and incur significant legal fees. There’s no shame in deciding not to file an official complaint and seeking new employment with a more accommodating and welcoming employer — or deciding to take a break from the workforce altogether. Weigh these decisions carefully, as they can impact your career trajectory. On the flip side, both finding a new employer or taking a break from employment can open new doors and offer new opportunities.

If you decide to pursue a discrimination complaint against your employer, know that you aren’t just helping yourself. You’re also taking a stand for thousands of women and helping to make the world a better place for working mothers. Even if you do not prevail, you’re laying the groundwork for future legal claims and helping other working women to know more about their rights and responsibilities.

JoAnna Wahlund was baptized, raised, and married in the Evangelical Lutheran Church in America but converted to Catholicism in May 2003, on G.K. Chesterton's birthday. She has six terrific kids here on earth, four saints in heaven praying for her, and a wonderful husband who supports her in all things. She enjoys defending the Catholic faith online (in between her duties as chief cook and bottle washer for La Casa Wahlund, and her role as Senior Editor of Catholic Stand). She blogs at http://www.patheos.com/blogs/thecatholicworkingmother/. She is the author of “The Catholic Working Mom’s Guide to Life,” out May 2019 from Our Sunday Visitor Press.