Working Pregnant Women Face Rampant Discrimination

By Ian Simpson

WASHINGTON, Feb 15 (Reuters) - More than three decades after Congress passed a law trying to protect pregnant women in the workplace, discrimination is still widespread and needs to be combated with publicity and clearer guidelines, a federal agency was told on Wednesday.

The Equal Employment Opportunity Commission's legal counsel, Peggy Mastroianni, said the agency had resolved 52,000 pregnancy cases since 2001, with $150.5 million paid out in damages.

Discrimination against pregnant women includes firing, forced leave without pay, being denied a place to pump breast milk and being barred from some work, witnesses told the five-member EEOC panel at a hearing on the issue.

Decades after the passage of the 1978 Pregnancy Discrimination Act, discrimination ranges from the shop floor to the executive suite, with sexual stereotyping a major factor. It is found in every state, but is more likely to hit women in low-income jobs, they said.

"This many years after the Pregnancy Discrimination Act, we still have employers who still don't understand the basics. Are we getting the word out on fundamental issues?" said Commissioner Constance Barker.

The issue of workplace discrimination was highlighted two weeks ago when a federal judge in Texas ruled against a Houston mother who said she was fired after asking for a place to pump breast milk.

The EEOC helped litigate the case. General Counsel David Lopez said the agency was weighing whether to appeal the ruling.

The Pregnancy Discrimination Act forbids discrimination by employers based on pregnancy, including hiring, firing, pay, job assignments and promotions. Under the law, pregnancy is considered a temporarily disabling condition.

Witnesses said overlapping laws and rules, such as the Pregnancy Discrimination Act, the 1990 Americans With Disabilities Act and the Family and Medical Leave Act, had created gray areas that left employers uncertain about how to deal with pregnancy.

One issue was how to compare treatment of a pregnant woman with that of other employees, they said.

"In our view, the current laws are a little confusing and in some cases contradictory," said Deane Ilukowicz, a human relations executive with Hypertherm Inc, a Hanover, New Hampshire, maker of metal cutting gear.

Witnesses and panel members said the commission needed to provide clearer guidelines for workers and employers, work more closely with the Labor Department and carry out publicity campaigns, including through social media such as Twitter.

The hearing came ahead of the scheduled September release of the EEOC's four-year strategic plan, which is expected to give direction on how to combat pregnancy discrimination.

(Editing by Greg McCune)

Comments

[Sellons1]

01:39 PM on 02/18/2012

Just another example of how women are no longer banning together and the decline nay regression of the feminist movement.

[Chirper Lady]

10:42 AM on 02/18/2012

I am amazed that employers still get away with this. Years ago I remember being hired for a position where I was highly over qualified and extremely successful. At the time that I was hired I did not realize I was expecting. I hit the ground running and never slowed down. Overtime which I never logged (i'm a perfectionist) increased projectivity from my department, and each project went off without a hitch. Six months later when I began to show, I was "laid off. The reason being that with my impending family growth I would not be able to perform my duties. A layoff, however would allow me to collect unemployment (so just jump onboard)!! I remember thinking this is so illegal. I was so outdone. Not that I did anything about it. :-(

[Tiggilene]

06:14 AM on 03/24/2012

Unless you were hired as a teeny weeny bikini model, you shoulda sued. Ah well. :( Take comfort in the fact that the dummies probably tried it on another woman and she probably sued.

[All Seeing Guy]

05:11 PM on 02/16/2012

I want a law banning in the workplace, the phrase most commonly used to discriminate against the childless - "Can you cover for me?"

[Mary Eyer]

06:30 PM on 02/24/2012

Just say no, dude. Problem solved.

[All Seeing Guy]

01:06 AM on 02/25/2012

*while throwing a coat on and grabbing their keys* heyIgottagopickupmykidcanyoucoverformekthxbye *and out the door*

[MKWewer]

04:15 PM on 02/16/2012

I was terminated while on maternity leave and when I went to my State's EEOC, the woman told me that it was ridiculous that I had asked for (and was approved for) 3 months of leave (not paid, mind you). She would not pursue the case so the employer got away with it.

[krayoncolorz]

04:08 PM on 02/16/2012

america once again fails! we are so behind in doing what is best for our citizens! if only i could convince my husband to move!

[Life With HC]

10:45 PM on 02/18/2012

You do not speak for all citizens of America. What is best for you may not be best for someone who doesn't have children. Not everyone thinks you are a victim or that your little darling is somehow going to save the world.

[krayoncolorz]

01:31 PM on 02/19/2012

I don't think I'm a victim at all...perhaps my little ones may save the world I have no idea. But what I do know, is just because I want to have children I shouldn't be discriminated against just because I want to give birth or because I am a woman or for whatever else reason. If I do my job then I have a right to keep that job and advance just like my male counterparts.

[Bethanese]

02:18 PM on 02/16/2012

I work harder at 9 months pregnant than I did the majority of the time I was not pregnant due to my impending maternity leave. There are things that can get done ahead, and I did them all so that I will still be counted as a valuable member of my workplace even during my 12-week absence. Although I have an unrelated disability that can interfere with my mobility at times, I don't count a healthy pregnancy as any sort of "disability." Yes, I might have to take it easy more so than I did 9 months ago, but I have received no special treatment one way or another and that is the way it should be. I guess I am lucky that I have a workplace (male-dominated even; I am the only woman in my department) that is understanding of EVERYONE's circumstances!

[Aprilcot26]

01:52 PM on 02/16/2012

This is horrifying to me. I'm lucky enough to have two jobs that have been incredibly supportive of my pregnancies. I've been very grateful to my employers for the flexibility that I've been provided and it's really lame that not all women get to feel the same about their work environments.

[chemistforpeanuts]

07:20 PM on 02/15/2012

Anyone who thinks a woman with a healthy pregnancy is "less than" is a fool. All the pregnant women I've worked with work their butt off. Its just another way for the ultra-conservative whack jobs to keep educated bread-winner women under their thumb. Discrimination is illegal, period.

[SithRose]

06:04 PM on 02/17/2012

Pity that doesn't apply to women who happen to get sick while pregnant anymore. Especially when the "doctors" lie to them.

[Life With HC]

10:47 PM on 02/18/2012

Failing to show up for work, or refusing to work overtime when required, because you are pregnant is discrimination over the non-pregnant people. The rest of the office doesn't necessarily care you are pregnant. They have their own lives and are sick of having to make up for you because of doctor visits, feeling tired, and lots of telephone calls on company time.

[epicutie]

10:13 AM on 02/19/2012

HC- Are you bitter because you can't/don't have children?? Some of us pregnant ladies have never called in--or missed even an hour of work due to being pregnant. Stop complaining and get back to work like the rest of us.