National Effort Needed to Combat Rising Pregnancy Discrimination Act Claims, Group Says

Citing a sharp rise in pregnancy discrimination complaints, a women’s advocacy group participating in a symposium with the US Equal Employment Opportunity Commission (EEOC) called on the federal government to initiate a national campaign to combat the trend. The symposium, which commemorated the 30th anniversary of the Pregnancy Discrimination Act (PDA), was held on October 29, 2008.

Increase in charges. The PDA prohibits sex discrimination in employment because of pregnancy. PDA charges are at an all-time high, according to the National Partnership for Women and Families. A new study from that group found that charges filed by individuals alleging pregnancy discrimination increased by 65 percent from 1992 to 2007.

The study found no single cause for the rise in pregnancy discrimination claims. But race and ethnicity appear to play a role. From 1996 to 2005, claims made by women of color jumped 76 percent.

More than half of the pregnancy discrimination claims filed with the Equal Employment Opportunity Commission (EEOC) originated in the industries where large numbers of women work - the service, retail, financial services, insurance and real estate industries. While the number of women joining the workforce in the last several years has consistently increased, pregnancy discrimination complaints have grown at a faster rate, according to the study.

The rise in claims has been nationwide. Thirty-eight states recorded an increase in charges from 1995 to 2006. Fourteen of those states recorded increases of more than 50 percent.

EEOC efforts. The study recognized the EEOC’s stepped-up efforts to litigate pregnancy discrimination charges. In 1997, 1.3 percent of the cases filed by the EEOC included an allegation of pregnancy discrimination. In 2006, 8.6 percent of the cases included that allegation, the study found.

But the National Partnership for Women and Families believes that more needs to be done. To combat what it sees as persistent negative stereotypes about the ability of pregnant workers to do their jobs, the group is urging the EEOC to undertake a comprehensive enforcement and education campaign.

Recommendations. The group recommended that the EEOC, among other steps, name a panel of experts to consider litigation strategies, maximize the impact of enforcement efforts and improve the clarity of the agency’s charge filing forms. The group wants the agency to target selected industries or occupations and to work with states to develop statewide enforcement initiatives. On the education front, the EEOC should make an extensive effort to reach out to employers and employees to inform them what the PDA requires, including educating workers about their rights and developing model antidiscrimination policies for employers.

Reprinted with permission. © CCH
(Submitted Nov. 4, 2008)

National Effort Needed to Combat Rising Pregnancy Discrimination Act Claims, Group Says Citing a sharp rise in pregnancy discrimination complaints, a women’s advocacy group participating in a symposium with the US Equal Employment Opportunity Commission (EEOC) called on the federal government