Many pregnancy discrimination cases occur because someone is already pregnant. For instance, you might have been working in your job for three years when you inform your boss that you’re pregnant. You know you’ll need to take maternity leave in the future and may require reasonable accommodations in the workplace. Instead, your boss fires you to avoid the issue—a clear instance of illegal discrimination.
But what if you might become pregnant in the future?
Imagine an employer is considering two candidates for an open position. Both candidates are female, but one is single and 52 years old, meaning the odds of them becoming pregnant are very low. The other candidate is just as qualified but is 25 years old and recently married. Could the employer intentionally discriminate against the younger candidate on the grounds that they might become pregnant within the next five years?
This is still discrimination
Although some employers may act this way, it is still discrimination. Simply being of childbearing age doesn’t mean someone should face discrimination.
This is why prospective employees are often wary of answering certain questions during interviews. Even something as seemingly innocuous as “What type of plans do you have for your future?” could be a way for an employer to determine if the candidate plans to start a family. If hiring or firing decisions are made based on this information, it’s still an example of pregnancy discrimination, even if the individual isn’t currently pregnant.
This example illustrates the complexities of these disputes and why those involved must understand their legal options. Be sure you know what steps to take when facing discrimination.