A recent discussion led by Jillian Thomas, senior staff attorney for the ACLU's Women's Rights Project, has brought to light the ongoing issue of workplace discrimination against pregnant individuals. Despite federal protections established in 1978, a 2022 survey revealed that one in five mothers reported experiencing pregnancy discrimination at work.

Thomas highlighted the commonality of allegations similar to those made by Doreka Hamby, which reflect pervasive stereotypes about pregnant workers. These include assumptions regarding their commitment and physical capabilities, which can lead to detrimental workplace environments.

While it has been illegal to discriminate against pregnant workers for decades, Thomas noted that the existing laws were often inadequate. The Pregnancy Discrimination Act prohibits employers from treating pregnant workers worse than those with other health-related issues, but it required workers to identify a comparable case to receive benefits.

Recent advancements, particularly the Pregnant Workers Fairness Act, aim to address these gaps. This new legislation mandates that employers provide reasonable accommodations for pregnant workers, such as modified duties or flexible schedules, without imposing undue hardship on the employer.

Thomas emphasized that certain sectors, particularly low-wage jobs held predominantly by women, such as retail and healthcare, are more susceptible to these discriminatory practices. Additionally, physically demanding roles in male-dominated fields, like law enforcement and construction, also present significant challenges for pregnant workers.

The conversation underscores the need for continued advocacy and enforcement of protections for pregnant workers to ensure equitable treatment in the workplace.