Posted On: June 9, 2008 by Schwartz & Perry

Pregnant Employees Among the Most Vulnerable to Discrimination

As the job market shrinks, pregnant employees may be on the front line of layoffs, according to some employment lawyers. Recent statistics show that pregnancy discrimination claims filed with the EEOC and state agencies have been rising at a rapid pace – up an alarming 14% from last year and 40% from 1998. In New York, pregnancy discrimination claims have doubled in the past decade, including a 10% jump last year.

In the past, struggling employers looking to shrink their workforce could look first at pregnant women or new mothers without fear of repercussion. However, the Pregnancy Discrimination Act of 1978 now prohibits an employer from firing, refusing to hire, or denying a promotion to a worker on the basis of pregnancy. This does not translate into special treatment for pregnant workers; instead, it merely removes pregnancy from the realm of factors to be considered in making employment decisions.

Based upon the recent surge of discrimination claims, it appears that pregnant women may be even more vulnerable than before in today’s job market.