Pregnancy discrimination persists despite new workplace protections
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In a recent discussion led by Jillian Thomas, senior staff attorney for the ACLU's Women's Rights Project, the ongoing issue of workplace discrimination against pregnant individuals was brought to the forefront. Despite federal protections established in 1978, a 2022 survey revealed that one in five mothers reported experiencing pregnancy discrimination at work, highlighting the persistence of stereotypes and biases in the workplace.
Thomas emphasized that allegations similar to those made by Darica Hamby, a prominent case in the media, are unfortunately common. These allegations often involve assumptions about a pregnant worker's commitment and capability, reflecting deep-seated stereotypes that continue to affect pregnant employees.
The conversation also touched on the current state of anti-discrimination laws, particularly the recent implementation of the Pregnant Workers Fairness Act (PWFA). This new legislation aims to fill gaps in previous laws by mandating reasonable accommodations for pregnant workers, such as modified duties or flexible schedules, without imposing undue hardship on employers. Thomas noted that while the PWFA represents a significant step forward, challenges remain, particularly in low-wage, physically demanding jobs predominantly held by women, especially women of color.
Despite the advancements, Thomas pointed out that there are still areas for improvement within the law. Employers have reportedly imposed excessive paperwork requirements for accommodations, complicating the process for pregnant workers seeking support.
For those who believe they are facing discrimination due to pregnancy, Thomas advised informing employers about the new law and utilizing resources from the Equal Employment Opportunity Commission (EEOC). She encouraged open communication with HR and emphasized that workers are protected from retaliation when asserting their rights under the law.
As the PWFA marks its first anniversary, the conversation underscores the need for continued advocacy and awareness to ensure that pregnant workers receive the protections they deserve in the workplace.
Thomas emphasized that allegations similar to those made by Darica Hamby, a prominent case in the media, are unfortunately common. These allegations often involve assumptions about a pregnant worker's commitment and capability, reflecting deep-seated stereotypes that continue to affect pregnant employees.
The conversation also touched on the current state of anti-discrimination laws, particularly the recent implementation of the Pregnant Workers Fairness Act (PWFA). This new legislation aims to fill gaps in previous laws by mandating reasonable accommodations for pregnant workers, such as modified duties or flexible schedules, without imposing undue hardship on employers. Thomas noted that while the PWFA represents a significant step forward, challenges remain, particularly in low-wage, physically demanding jobs predominantly held by women, especially women of color.
Despite the advancements, Thomas pointed out that there are still areas for improvement within the law. Employers have reportedly imposed excessive paperwork requirements for accommodations, complicating the process for pregnant workers seeking support.
For those who believe they are facing discrimination due to pregnancy, Thomas advised informing employers about the new law and utilizing resources from the Equal Employment Opportunity Commission (EEOC). She encouraged open communication with HR and emphasized that workers are protected from retaliation when asserting their rights under the law.
As the PWFA marks its first anniversary, the conversation underscores the need for continued advocacy and awareness to ensure that pregnant workers receive the protections they deserve in the workplace.
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