PREGNANCY DISCRIMINATION

Becoming a mother is always an interesting phase in a woman’s life should she choose to be one. But if she is a working woman, becoming a mother can reveal an aspect of her workplace that she may not have been aware before. Pregnancy discrimination is a real threat that expecting mothers face in the workplace.

Pregnancy discrimination happens when a woman is treated unfavorably in the workplace on the basis of her pregnancy or childbirth, and of medical conditions related therein. A woman faces pregnancy discrimination if her pregnancy is confirmed to be the reason why she was not hired for a job, was demoted or fired from her job, was not allowed to return to the same job she held prior to her pregnancy upon returning to work after a maternity leave, or was treated by her employer differently aside from just being a temporarily disabled employee.

A woman has the right not to disclose her pregnancy in a job interview. She also has the right to continue reporting to work. The important thing here is that she is qualified to do the work and she is physically capable of performing her tasks. Her pregnancy is not a reason for her to be denied a job or to be made to go on a forced maternity leave. To use pregnancy as a basis for not hiring a pregnant woman or for making her go on leave is pregnancy discrimination.

It is also a woman’s right to expect that her job would still be waiting for her, or that her employer would place her in a position that is similar to her previous job, once she returns from her maternity leave. And because the law decrees that pregnant women have the same rights as a temporarily disabled worker, an expectant mother is entitled to whatever benefits her employer grants temporarily disabled employees. However, she cannot demand these benefits if they are not provided in the first place.

If a woman feels that she is facing pregnancy discrimination in the workplace, she can file for grievance. She can do this through her employer’s human resources department or through her union.