The EEOC and Pregnancy
Most people are familiar with the Equal Employment Opportunity Commission’s (EEOC) purpose to end discrimination in the workplace. "Discrimination" is different and negative treatment based on an employee’s gender, color, race, religion, age, national origin, disability, or sex. However, many people may not know that EEOC files lawsuits on behalf of employees alleging pregnancy discrimination, under the Pregnancy Discrimination Act (PDA) of 1978.
In a recent lawsuit filed by the EEOC, pregnant women were demoted and their salaries cut. The women were replaced with younger, male employees, factors that also point to age and gender discrimination. The pregnant women were accused of being uncommitted to their work, and unable to perform their jobs because of their pregnancies.
The employer defended itself by citing its free child care, a part time work option, twelve weeks of paid maternity leave, and four weeks of unpaid leave. However, the EEOC takes seriously any situations where the pregnant employees’ careers seem to lose momentum and fall apart soon after the employer learns of the pregnancy.
According to the PDA, pregnancy discrimination is a form of sex discrimination. The PDA provides that “no person [shall] reduce the benefits or the compensation provided any employee on the date of enactment of this Act.” The EEOC will fight employers in court to get pregnant women the lost wages and other special damages they deserve, as well as compensation for pain, suffering, and humiliation.
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Last Modified: 07-22-2009 03:57 PM PDT
