Pregnancy in the Workplace

Even in 2007, pregnant women across the United States are experiencing discrimination in the work place every day. Even with the passing decades of women entering the workforce, and in light of a woman, potentially, as our next president, pregnancy has remained a common discrimination for women in not only the realm of employment but, even more importantly, in the hiring practices. Through the years, government has taken great interest in protecting the rights of all Americans, especially those who experience discrimination based on age, sex, gender; including pregnant women.

Under Title VII of the Civil Rights Act of 1964, modification in recent years allowed for the addition of the Pregnancy Discrimination Act. This Act provides pregnant women with some degree of protection, under civil rights, to bear children without prejudice at the place of employment. The Act goes on to prohibit the discrimination of pregnant women in not only the actual place of employment but also protects against discrimination in the hiring practices by a potential employer.

For many employers, employing a pregnant woman does not pose any challenge or issues of concern. However, for some employers in the United States, employing a woman who becomes pregnant can pose issues with regard to job safety, leave of absence and efficiency in the workplace. For this reason, pregnant women are provided with protections as outlined in the Pregnancy Discrimination Act to ensure job protection is in place and to encourage employers to adhere to specific guidelines when interviewing, hiring and employing a pregnant woman.

Additionally, under the Pregnancy Discrimination Act, a pregnant woman can not be refused any type of employment solely based on pregnancy, if the woman is capable of performing the essential job duties. All too often, however, employers will use a woman's pregnancy as a basis for non-hire, citing an inability to perform the physical demands of a position.