EEOC REPORTS AN INCREASE IN CLAIMS OF PREGNANCY DISCRIMINATION
Last week, the Wall Street Journal reported a recent increase in pregnancy claims filed by employees with Equal Employment Opportunity Commission (“the EEOC”). The Journal noted a 14% increase in pregnancy filings last year, with a total of 5,587. This figure was up 40% from a decade ago and was the biggest annual increase in 13 years.
These statistics confirm that despite the effort of many companies to create the appearance that they appreciate working mothers, a significant bias against pregnant women persists in the workplace. Employers, in an effort to avoid the perceived hassle of maternity leave and doctor’s visits that will continue even after birth, may find it easier to simply terminate pregnant women, in blatant disregard of the law that protects women against such discrimination. Discrimination against working mothers, referred to as “gender plus” discrimination, is also prohibited by the relevant human rights laws.
While merely being pregnant does not guarantee an employee’s position, an employer may not take adverse action against a woman if the action is motivated by the pregnancy. Since there will never be a “smoking gun” proving discrimination, employees asserting a pregnancy claim will rely on circumstantial evidence.
Proving that the reason the company provided for firing the woman is a pretext can support a claim of pregnancy discrimination. For example, an employer may allege that it eliminated a pregnant woman’s position, only to have transferred those exact duties to someone else. A woman may suddenly develop performance problems soon after announcing her pregnancy, even though she had consistently received only positive feedback on her performance.
