Pregnancy Discrimination Cases Increase

 

Employers are experiencing a swell in pregnancy discrimination complaints and lawsuits. Nationally, pregnancy discrimination complaints have increased by 45% over the past 15 years, according to the Equal Employment Opportunity Commission (EEOC).

 

Pregnancy discrimination usually arises when a woman is denied a job because she may be required to take time off from work during her pregnancy or is fired or denied certain job benefits because she's pregnant.

 

Such complaints can be costly for businesses. In 2006, EEOC collected $10.4 million on behalf of individuals alleging pregnancy discrimination. This figure does not include monetary awards granted to plaintiffs in pregnancy discrimination lawsuits.

 

"Rising medical costs; complex federal laws; and, in the case of some small businesses, the lack of a human resources department can all contribute to litigation and complaints," according to attorney Larry Lorber, a member of the U.S. Chamber's Labor Relations Committee.

 

To avoid complaints, Lorber recommends that businesses do the following:

 

Know the law. The Family and Medical Leave Act guarantees employees of a company with 50 or more workers 12 weeks of unpaid leave for the birth or adoption of a child. The Pregnancy Discrimination Act says that employers with more than 15 employees cannot discriminate on the "basis of pregnancy, childbirth, or related medical conditions." Make sure your service providers know if your business meets the laws' size requirements.

 

Mediate. Employees are required to file an EEOC complaint before filing a lawsuit. EEOC offers mediation as an alternative to an investigation.

 

Communicate. Clear communication of job expectations and responsibilities can help avoid misunderstandings. Be careful what you say. Even jokes or teasing could lead to a complaint.