Men can’t get pregnant. Only women can. Hence, when an employer treats a pregnant employee incorrectly because they are pregnant, the law may view it as gender discrimination. As you probably know, gender discrimination at work is prohibited by law.
An employer does not need to do something, such as firing the employee, to be guilty of discrimination. Refusing to do something could also count.
Pregnant workers have the right to reasonable accommodations
Employees have the right to reasonable accommodations when needed due to one of their protected characteristics. For example, a worker whose religion requires them to keep their head covered at all times may ask for exemption from the no headwear dress code. Or, a worker with visual impairment may ask for notes from meetings to be passed to them audibly or via Braille.
Pregnant workers have the right to ask for reasonable accommodations that make it easier for them to continue doing their job while pregnant, and in the months after they give birth.
Employers do not always have to grant the worker’s request. If they feel it is unreasonable, as it would cost them too much money, for example, then they might be within their rights to say no or suggest an alternative. The size of the company can play a role in the expectations the law has on them in this respect.
The Pregnant Worker’s Fairness Act
Earlier this year, a new law – the Pregnant Worker’s Fairness Act (PWFA) came into force. It comes on top of other existing laws that protect pregnant workers.
If your employer is refusing to make the accommodations you need, getting legal guidance can help you understand the legal situation and examine what steps you might have available to remedy the situation.