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According to the EEOC, Pregnancy discrimination complaints are on the rise. Between 1992 and this year, complaints increased by 65%. Part of that increase is due to the increase in the number of women with infants who work…but not all of it.

 

Employers can ensure that their companies don’t become the target of pregnancy discrimination claims by properly training supervisors, having strong HR policies, and using an FMLA Administrator Kit.

 

Many issues regarding pregnancy discrimination can be addressed by properly administering FMLA. Under the federal Family and Medical Leave Act or FMLA, employees are entitled to up to 12 weeks of unpaid leave for a variety of serious health conditions, including pregnancy.

 

In addition, the Pregnancy Discrimination Act requires that employers not discriminate against pregnant employees. The employer cannot set mandatory leave periods. Employees on pregnancy disability have to be treated at least as well as employees on other types of medical leave.

 

The Pregnancy Discrimination Act was passed 30 years ago, on Halloween. “I am sure it is simply a coincidence that the Pregnancy Discrimination Act was passed on Oct. 31, Halloween,” EEOC Chair Naomi Earp said at a recent meeting. “Sadly, the date is appropriate today, since a review of the current data is downright scary.”

 

During the most recent full year reported, there were 5,587 discrimination charges filed with the EEOC or Equal Employment Opportunity Commission.

 

In some areas, pregnancy discrimination complaints increased 50% between 1995 and 2006. This included 13 states and Puerto Rico.

 

However, the problem is not just in one part of the country. The EEOC reports that 38 out of the 50 states reported an increase in pregnancy discrimination complaints, according to a recent article in the newsletter of the SHRM, the Society of Human Resource Management.

 

Many of the complaints of pregnancy discrimination came form women of color, according to the EEOC. One official notes that race and ethnicity seem to be playing a role in pregnancy discrimination. Looking at the figures between 1995 and 2006, complaints by black women increased by 45%, while complaints by Hispanic women increased by 135%. Complaints by Asian/Pacific Islander women increased 90%, while those by American Indian women rose 109%.

 

During this period, the number of women looking for work increased just under 2%.

 

The report concluded that if the nationwide trend continues, the government might become even more involved. “It is this upward trend,” the EEOC report says, “that is the most troubling because it reveals the persistence and resilience of pregnancy discrimination. It also makes clear that more work is needed to identify and implement concrete, affirmative education and enforcement strategies to reverse this trend in the coming years.”

 

 

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