What action to take when one is the target of pregnancy discrimination?

Assignment Details:

 

· Please reply to the presented statement(s) below.

 

Deliverable Length: 250 words (minimum) per reply

 

ONE:

The significance of the Pregnancy Discrimination act is that it amended Title VII of the civil rights act of 1964 which prohibits sex discrimination because of pregnancy. The act grants pregnant women the right to work. Employers can not with hold pay raises, promotions or refuse to hire someone because they are pregnant or their is a possibility of being pregnant. I have worked with women who have been pregnant and I have not seen any discrimination or heard of any concerning the employee, in fact in my work experience they were treated very well and everyone seemed to be very understanding towards them. Speaking as a women who worked while being pregnant, it is admirable that an employee wants to work while so many changes physically and emotionally are happening to their body.

The best possible course to take hen someone is a target of Pregnancy is to report it to the human resources department who should investigate the situation, hire a lawyer to speak on your behalf if you decide you are willing to take on the battle and prove discrimination. and a course of action is file a complaint with the Equal Employment Opportunity Commission. The law prohibits discrimination, but, all unequal treatment may not mean discrimination For example: an employer can decline to offer a position to a pregnant women if its “reasonably necessary” to protect the occupational health and safety to anyone ( including the pregnant women ) Victoria’s Equal Opportunity Act, Oct 24, 2018.

 

TWO:

1. What is the significance of the Pregnancy Discrimination Act?

The PDA governs discrimination on the foundation of related medical conditions, pregnancy, or childbirth, noting that this represents illegal sex discrimination covered by Title VII. This act (PDA) only affects businesses that have 15 or more personnel. It is unlawful for a business to not fire, decline an applicant, or further discriminate against any woman because they are pregnant or any related conditions.

2. Can you share with the class if you, your friend, or colleague was pregnant at work and has ever been a target of discrimination? I have never encountered or been a witness of discrimination due to pregnancy or pregnancy conditions.

3. What is the best possible course of action to take when one is the target of pregnancy discrimination? The first step in any course of action is research. The one discriminated against should gain as much knowledge on the subject as possible. If you were discriminated against, and you can provide the following evidence to prove that you were discriminated against due to pregnancy or pregnancy-related conditions will assist you with your  claim, and they include the following:

· Verification of pregnancy (employee or spouse)

· You meet the job qualifications

· An unfavorable action was given to you by your employer

· Proof that the unfavorable action was due to your pregnancy or pregnancy conditions

4. Can a company ever consider pregnancy in its employment decisions? Explain. Yes, the PDA only covers employers of 15 personnel or more. In addition, Different states may have other laws governing businesses with less than 15 personnel.

However, there are other reasons that an employer can deny due to pregnancy. For instance, an Army Recruiter may deny or hold an applicant due to her current pregnancy situation. She will have the option to join once she has given birth and the recovery time for childbirth has been completed.  A Soldier will be removed from a deployment roster due to pregnancy, etc. These examples are not considered as discrimination.

THREE:

What is the significance of the Pregnancy Discrimination Act?

The significance of the Pregnancy Discrimination Act is to provide legal protection for all women that are pregnant during employment or applying for employment. The Pregnancy Discrimination Act of 1978 prohibits any form of discrimination which includes pregnancy, childbirth, or any form of medical-related conditions. (Pregnancy discrimination. (n.d.). Women that are pregnant or decide parenthood can do so, without fear of losing their job position or work payment. The Pregnancy Discrimination Act of 1978 has created a positive result for women in employment across the united states. Pregnancy discrimination Act also aligns with the Equality Act 2010, which combines 116 pieces of legislation into one act. (What is the Equality Act? | Equality and Human Rights Commission. (2019, 19). The Equality Act 2010; covers the direct discrimination, victimization of pregnancy, and maternity. (Pregnancy and maternity discrimination under the Equality Act 2010. (n.d.). The Equality Act combines with the Pregnancy Discrimination Act and covers; sub-medical conditions during pregnancy such as heart conditions, high blood pressure, diabetes, and other medical conditions during pregnancy.

 

Mrs. Desi Lupe was hired then fired for being pregnant

The friend I am going to speak of has permitted me to tell her story, but I will be using a fake name for her privacy rights. Mrs. Desi Lupe is 23yrs old and today has a beautiful son that has just celebrated his first birthday. It was not all smiles during the previous months of Desi’s pregnancy. Mrs. Lupe was in search of a secretarial position as the 3rd supplement for her household. Mrs. Lupe was in her 4th month of pregnancy when she applied and was immediately hired by the company. Mrs. Lupe did disclose during the interview that she was pregnant and was due during October close to the holiday season. The job position was not much of footwork, but more of sitting accommodations, which was perfect for Mrs. Lupe. Two months into Mrs. Lupe’s hire, she had more doctor visits; to continually check the progress of her pregnancy and her health. On the return of one of Mrs. Lupe’s doctor’s appointment, she was asked to meet with her supervisor in the main conference room. During that meeting, Mrs. Lupe was terminated, because the company felt, that Mrs. Lupe would be a liability due to her upcoming child-delivery date. Unfortunately, Mrs. Lupe did not proceed further with a civil discrimination case because it may have caused more stress on the baby.

What action to take when one is the target of pregnancy discrimination?

To act against being targeted for pregnancy discrimination, you must prove that you were treated differently while pregnant, from other employees that are or had previous pregnancies. There are a few steps that can be taken to prove your position such as: prove you are still qualified to continue your work performance while you are pregnant, provide evidence to prove the change of behavior of your superior administration, and finally proof of the reason how the action was based solely on the pregnancy. Keep documentation of emails, phone call logs, or eyewitnesses, that can assist with acting against being targeted for pregnancy discrimination.

Can a company ever consider pregnancy in its employment decisions?

It is against the law for a company to not hire a woman because of her pregnancy, or other pregnancy medical-related conditions. (Facts about pregnancy discrimination. (n.d.).  It is unfair for an employer to judge a person or person’s work performance based on her pregnancy. (Facts about pregnancy discrimination. (n.d.). A company also cannot base employment decisions or hiring, based on the opinions of co-workers or staff. Title VII’s civil rights act also protects hires from employment decisions such as health care, and fringe benefits.

 

 

Reference 

Facts about pregnancy discrimination. (n.d.). U.S. Equal Employment Opportunity Commission.

https://www.eeoc.gov/fact-sheet/facts-about-pregnancy-discrimination#

Pregnancy and maternity discrimination under Equality Act 2010. (n.d.). Personnel Today.

https://www.personneltoday.com/equality-diversity/discrimination/pregnancy-maternity-discrimination/

Pregnancy discrimination. (n.d.). U.S. Equal Employment Opportunity Commission.

https://www.eeoc.gov/pregnancy-discrimination

What is the Equality Act? | Equality and Human Rights Commission. (2019, 19). Equality and Human Rights Commission.

https://www.equalityhumanrights.com/en/equality-act-2010/what-equality-act

 

FOUR:

The Pregnancy Discrimination Act was passed as an amendment to the 1964 Civil Rights Act.  The PDA states that discrimination against pregnancy is sex discrimination, making it illegal to discriminate against employees because of pregnancy, childbirth, or related medical conditions (Dennis,2014).  Lastly, Georgia’s law provides additional protection for state employees and those in small office settings.  This act grants pregnant women the right to work and legally stops the employer from withholding promotions are pay raises.

I don’t recall working with anyone that was discriminated against for pregnancy.  The only issue that comes to mind is not having proper accommodations for a coworker to pump her breast milk upon returning to work.  At that time, the male supervisor suggested she use one of the bathroom stalls, which we all felt was unsanitary.  No, she didn’t do that; once it was brought to upper management, accommodations were made.

In my opinion, you should keep a logbook and record in detail every incident that takes place.  Include the date, time, and name of people involved and what type of action the employer took.  It’s also a good idea to record all your evaluations because some employers will attempt to use poor work performance as a defense.

The federal law and most state laws make it illegal for employers to make job decisions based on pregnancy.  However, we all know that some employers are still breaking this law.

Reference

Dennis, J. (2014, May20). What is the Pregnancy Discrimination Act? Retrieved December 12, 2020,from https://www.parents.com/pregnancy/my-life/what-is-the-pregnancy-discrimination-act

 

FIVE:

What is the significance of the Pregnancy Discrimination Act?

The Pregnancy Discrimination Act forbids discrimination based on pregnancy. This act involves treating women who pregnant unfavorable because she is pregnant, childbirth, or any medical condition related to the stages of pregnancy or childbirth. The Pregnancy Discrimination is based on in the workplace including hiring, firing, pay, job assignments, promotions, lay off, training, fringe benefits, including leave and health insurance.  

 

Can you share with the class if you, your friend or colleague was pregnant at work and has ever been a target of discrimination?

Yes, I have had a co-worker that was target of discrimination because she was pregnant. She was told that she would have to be on one assignment all day due to her being pregnant. She complained that she disliked doing the something which she was not hired to do. She felt like she could continue to complete her normal job assignment even though she was pregnant. She complained to the supervisor about being discriminated against. She clocked out one day for lunch and never came back to work. 

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