Pregnancy Discrimination Sees Dramatic Rise

Across a variety of industries, complaints filed by African-American women rose by 45%, by Caucasian woman 50%, Asian women 90%, and by Hispanic women a whopping 135%.

That was 2007. Now in the throes of a recession in 2009, the trend is not slowing but escalating. The NPWF says the increase in complaints far outpaced the increase in women in the workforce since enactment of the Pregnancy Discrimination Act of 1978(an amendment to the Civil Rights Act of 1964), which prohibits discrimination against pregnant women in all areas of employment, including hiring, firing, benefits, and seniority rights. Under the Family Medical Leave Act, they are allowed 12 weeks away from work – but it seems many states missed the memo where pregnant women cannot be fired or demoted simply for bringing forth life.

No single factor accounts for the upward growth in the original study, but rather a combination of gender inequality issues (also still paramount in pay and promotions), insurance coverage worries, and out-dated negative stereotypes about pregnant women being less productive.

"My company just assumed I would be distracted or go home sick all the time, but I never did," commented Anna Burnett, 26, of Leander, Texas. "Ironically, my boss used to leave early because he coaches his son’s soccer team. No one had a problem with that. But they treated my pregnancy like it meant my brains had somehow disappeared."

Her former firm, which she asked not be named, informed her during her maternity leave that she had been terminated – after five years of excellent reviews and documented raises. "They used the recession as an excuse. It was ridiculous. They aren’t having financial problems, and I was totally dedicated. Fine, I have a baby now, but I’m dedicated to my new job too – that’s my personality, I’m a workaholic."

Her attitude reflects that of most Americans, who are caged animals in comparison to the rest of the developed world in terms of vacation and parental leave. An overriding cultural concept of America is that individuals must be at work or "on call" from any location at all times. It may have been a supporting pillar of economic power until recently, but the family and social costs to the United States as a civilization are pulling into sharp focus.

"Is it really some giant hardship to give a mother or father those weeks to bond with their own offspring?" Burnett shakes her head. "My lawyer told me England offers 26 weeks paid maternity leave, and the rest of Europe looks down on them for that tiny amount of time."

Discrimination by short-sighted managers may be one of the reasons the national birthrate continues to drop – a potentially higher cost to business in the long run. Where do companies think the next generation work force will come from?

Women get pregnant, and men get them that way. That is the ultimate fact of life, and an entirely predictable one. Yet despite being illegal for three decades, we’ve grown worse at handling discrimination instead of better.

According to the Department of Labor, women make up 47% of the labor force and are projected to account for half of the increase in growth through 2012. Women aren’t disappearing any time soon. Pregnancy isn’t going away either. The best thing all parties can do is educate themselves about the legal and human costs of pregnancy discrimination.

Anna Burnett had no choice but to learn, and wishes she hadn’t been forced to do so. "They thought they could get away with it, but I had paperwork on my side. All they did was cost themselves way more money in court than if they just let me do my job. That’s the silly part. The only people who benefit from this nonsense… is lawyers."