Discrimination or Lay Offs - What are your rights as a pregnant woman?
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Neither laying off a pregnant woman nor laying off a woman on maternity leave violates federal employment law, reported the New York Times, if the employer cites reasons for the lay off that are unrelated to the pregnancy. It IS illegal to fire someone or refuse to hire someone because they are pregnant. However, not counting this blatant discrimination, pregnant women often find themselves unprotected by federal employment laws, explained Attorney Elizabeth Grossman of the Equal Employment Opportunity Commission.
“Some employers are using the economy as a pretense for laying off just one person,” Ms. Grossman said. “And very often that person is pregnant or the oldest employee on staff. The economy may be the legitimate cause — or there may be discrimination.”
The E.E.O.C. had an increase of almost 50% in pregnancy-based discrimination charges filed last year, up from the previous decade.
At the University of California Hastings College of Law, director Cynthia Calvert at the Center for WorkLife Law has noted a substantial increase in calls to the WorkLife Law hot line (1-800-981-9495). This hot line provides legal information to people who feel they are being discriminated against at work based on family obligations.
In the present economy, discrimination is often difficult to prove because of the vast amount of lay offs occurring across the board. In addition, once laid off, it is more difficult for pregnant women to find affordable health insurance that will actually cover the pregnancy.
For information on employment discrimination, go directly to the E.E.O.C. website and read fact sheets or find your local field office. For additional information, click here.
If you feel that you have been unlawfully discriminated against by your employer, please don't hesitate to contact our office.