Numerous studies, including a recent study by the Bipartisan Policy Center and Morning Consult, have uncovered troubling findings regarding workplace discrimination for pregnant employees.
Nearly one out of every four mothers considered leaving their jobs due to a lack of reasonable accommodations or fear of being discriminated against during their pregnancy. Additionally, one in five mothers reported experiencing pregnancy discrimination.
As a worker expecting a child, you have important rights when it comes to workplace accommodations. Knowing these protections is essential to managing your job more comfortably during pregnancy.
Understanding your rights
The 2022 study also revealed that 21% of mothers feared discrimination or retaliation for reporting their pregnancy. The results varied by generation, as Millennials (10%) were more likely to report their pregnancy compared to Gen Xers (5%) and Baby Boomers (1%).
The Pregnancy Discrimination Act (PDA) of 1978, the Pregnant Workers Fairness Act of 2023, and the Americans with Disabilities Act (ADA) are federal laws that protect employees from unfair treatment based on pregnancy, childbirth or related conditions. This means your employer must treat you the same as other workers with similar abilities or limitations. These federal laws apply to employers who have 15 or more employees; smaller employers are covered by many state and local laws, including those in Washington, D.C., Maryland, and Virginia.
What kinds of accommodations can you ask for? Here are some common examples:
- Flexible work hours: You might need to adjust your schedule for doctor’s appointments or to manage pregnancy-related fatigue.
- Modified duties: If certain tasks become difficult, you can request changes to your job responsibilities.
- Ergonomic adjustments: Your employer might provide supportive chairs or standing desks to help you work more comfortably.
- Extra breaks: You may need more frequent breaks for rest, hydration or snacks.
- Temporary reassignment: In some cases, you might move to a different position if your current role poses health risks.
These accommodations should be fair and not cause undue hardship for your employer. It is best to have an open conversation about your needs with your supervisor or human resources department.
When to seek legal support
If you face challenges getting the accommodations you need, don’t hesitate to seek help. An attorney familiar with employment law and reasonable accommodations can guide you through the process and protect your rights.
Local and state laws may offer additional protections for smaller employers not covered by the federal laws. For example, D.C.’s Protecting Pregnant Workers Fairness Act (PPWFA) of 2014 requires employers to provide reasonable accommodations. Maryland and Virginia have similar laws that safeguard pregnant workers’ rights.
These rules aim to provide a safe and supportive work environment during pregnancy. Understanding these protections and communicating with your employer can help ensure a healthier, more comfortable work experience as you prepare for your new arrival.
