Stereotypical Assumptions About Pregnancy

Summary You Cannot Fire Or Place A Pregnant Employee On Leave Because “The Baby Is Taking Its Toll On You” Or Because Of Potential Harm To The Baby Or Because “Pregnant Women Should Not Work”


On March 13, 2013 we cautioned that the EEOC is very serious about pursuing discrimination cases filed under the

The EEOC just announced two settlements of cases involving pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (“PDA”).   One involves a simple failure to hire, but the other is more nuanced and has more to teach us about pregnancy discrimination.

On March

The EEOC is serious about pursuing discrimination cases filed under the Pregnancy Discrimination Act (PDA) – very serious — especially if you fire a pregnant employee because of outdated myths or stereotypes or couched in the language of safety and health   That is, you cannot claim that disparate treatment of pregnant employees is justified by

In November we blogged about the impermissibility of firing a pregnant employee because the employer “could not allow her to continue to work as a housekeeper because of the potential harm to the development of her baby.” We quoted an EEOC attorney who said that "Employers may not bar pregnant employees from work because of

It should come as no surprise to those who even skim our blogs that the number of cases of pregnancy discrimination is rising rapidly.   The Washinton Post Capital Business edition of 4/8 confirms this: in fiscal 2011, there was an increase of 23% in the number of EEOC charges alleging pregnancy discrimination.   

On February 17th we wrote that