Pregnancy discrimination is a serious issue that can have far-reaching consequences for affected employees. Unfortunately, many pregnant women who assert their rights under employment laws, such as the Family and Medical Leave Act (FMLA) or state pregnancy discrimination laws, face retaliation from their employers.
What is Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as:1
- Requesting pregnancy leave before and/or after the due date
- Requesting reasonable accommodations (e.g., time off for pregnancy-related medical appointments) before and/or after the due date
Common Forms of Retaliation:
- Termination: Employers may terminate the employment of pregnant employees who have asserted their rights.
- Demotion: Employers may demote employees to lower-paying or less desirable positions.
- Reduced hours: Employers may reduce the hours of pregnant employees, leading to decreased income.
- Denial of promotions or raises: Employers may withhold promotions or raises from pregnant employees.
- Hostile work environment: Employers may create a hostile work environment for pregnant employees, including harassment, bullying, and offensive remarks.
- Increased scrutiny or monitoring: Employers may subject pregnant employees to increased surveillance or monitoring, such as excessive performance evaluations or disciplinary actions.
Protecting Yourself from Retaliation:
If you believe you have been retaliated against for asserting your rights as a pregnant employee, it is important to take the following steps:
- Document everything: Keep a detailed record of any discriminatory or retaliatory behavior, including dates, times, names of individuals involved, and any relevant documentation.
Consult with an employment law attorney: An attorney can help you understand your rights, gather evidence, and pursue legal action if necessary.
