Pregnancy discrimination can happen during the hiring process, while an employee is pregnant, or once an employee returns to work. The PWFA protects against all of these discriminations, examples of which are below.
Hiring discrimination. A recruiter or future employer cannot take pregnancy into account when making a hiring decision, even if a candidate is visibly pregnant. This includes not inquiring about a candidate’s pregnancy status or their future plans as it relates to pregnancy.
Discrimination during pregnancy. Discrimination during pregnancy can be an employer denying reasonable accommodations, denying leave under FMLA, cutting health insurance, or failing to stop any harassment towards the pregnant employee.
Discrimination after returning to work. An employer cannot change the job or role of a pregnant employee once they return to the workplace, unless it is a promotion that has at least the same pay.