Managing pregnancy in the workplace

Business Horizons, Nov-Dec, 1996 by Amy Oakes Wren, Roland E. Kidwell, Jr., Linda Achey Kidwell

Two months into her first pregnancy, Angela Anderson was called into the office of the president of a major Louisiana bank. The president was very complimentary of Angela's work in one of the bank's branch offices, where she had served as a teller for almost two years. As a result, he told her, he had decided to promote her. She would become his personal assistant, a position sought by many of the bank's employees.

In her excitement, Angela told him that the promotion was the second most exciting thing to happen to her that week. When her boss asked about the first exciting event, Angela said she had just discovered she was going to have a baby. The president's demeanor suddenly changed. He said he did not think he could rely on a pregnant personal assistant, and he was withdrawing the promotion. Devastated, Angela left the office and returned to her position as teller.

Although many managers and employees might be amazed at this blatant bias against Angela, her case is a fairly typical example of pregnancy discrimination. Most such actions toward pregnant women result from outdated beliefs that pregnant women are unproductive, sickly, and delicate. Yet these mistakes have cost employers millions of dollars because pregnancy discrimination violates federal laws.

Despite the laws designed to protect workers who become pregnant, female employees increasingly believe they are unfairly denied promotions, proper medical leave, and even their jobs because they have become pregnant, or because they might become pregnant. In fact, the Equal Employment Opportunity Commission reported that pregnancy discrimination complaints nationwide have increased 40 percent in the first half of this decade, from 3,000 in 1991 to 4,191 in 1995.

The issue of pregnancy discrimination has become even more focused as women of childbearing age enter the work force at higher rates and corporate downsizing forces many managers to seek higher levels of productivity among remaining employees. Unfortunately, some managers have taken unlawful actions against pregnant workers because they perceive them as less productive, absent more often, or unable to perform their jobs. With two-thirds of the net additions to the U.S. work force in the remainder of the 1990s projected to be female, the treatment of women at work is a crucial issue for organizations.

FEDERAL LAWS RELATED TO PREGNANCY DISCRIMINATION

Three federal laws designed to protect workers relate to pregnancy: Title VII of the 1964 Civil Rights Act, the Pregnancy Discrimination Act of 1978, and the Family and Medical Leave Act of 1993. In addition, the Americans With Disabilities Act, or ADA, may provide some protection for pregnant employees.

The 1964 Civil Rights Act. Title VII of the 1964 Civil Rights Act prohibits employers of 15 or more employees from refusing to hire or discharge any person or otherwise discriminate in terms, conditions, or privileges of employment based on an individual's sex. Originally, the U.S. Supreme Court held in General Electric v. Gilbert that discrimination based on pregnancy was not the same as discrimination based on sex. In the Gilbert case, decided in 1976, GE provided a disability plan to all employees disabled because of sickness or accident, but excluded all disabilities from pregnancy.

The reasoning used in not finding discrimination was that the plan provided benefits to both men and non-pregnant women. The Court stated the disability plan was simply an insurance policy that covered some risks and not others. Pregnancy was a condition that was not covered. In addition, the Court said, "There is no risk from which men are protected and women are not. Likewise, there is no risk from which women are protected and men are not."

Pregnancy Discrimination Act Of 1978. In the aftermath of the Gilbert case and others like it, Congress amended Title VII of the 1964 Civil Rights Act by passing the Pregnancy Discrimination Act (PDA) of 1978. This act essentially overruled the Gilbert decision by making it clear that all employers must treat pregnant and non-pregnant employees in the same manner. As a result, pregnant women must be given the same benefits as men and non-pregnant women. The act states that:

The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical condition; and women affected by pregnancy, childbirth, or related medical condition, shall be treated the same for all employment-related purposes, including the receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.

The Family And Medical Leave Act. The Family and Medical Leave Act (FMLA), which became law in 1993, is one of the most important federal laws dealing with pregnancy, childbirth, adoption, and placement for foster care for both men and women. Under the FMLA, men and women can take 12 weeks of unpaid leave per year for the birth or adoption of a child, placement for foster care, the care of a sick child, or chronic illnesses such as morning sickness. To be covered, the person must work for a company that employs at least 50 people within a 75-mile radius and must have worked there for at least 12 months or 1,250 hours. The employee must give 30 days' notice of an intent to take leave when possible. An example of this would be giving notice of intent to take leave 30 days before the due date of a birth.