Pregnancy discrimination

A note on the law

Pregnancy and maternity rights differ significantly by country, state and sometimes by the size of your employer. This guide sets out general principles that apply in many places — it is not legal advice. Your government's employment rights body, a union or a free legal advice service can tell you exactly what applies to you.

What counts as pregnancy discrimination?

Pregnancy discrimination usually means being treated less favourably because of pregnancy, childbirth, a related medical condition, breastfeeding or maternity leave. Examples include:

• Not being hired, or a job offer withdrawn, after you mention pregnancy.
• Being dismissed, made redundant or pushed out while pregnant or on leave.
• Being passed over for promotion, training or a pay rise.
• Having your hours, duties or responsibilities reduced against your wishes.
• Negative comments or sudden poor performance reviews after announcing.
• Being penalised for pregnancy-related sickness or appointments.
• Not being allowed back to your job, or an equivalent one, after leave.

In many places it doesn't matter how long you've worked there.

Rights you may have while pregnant

Depending on where you live, you may be entitled to:

• Time off for antenatal or prenatal appointments, sometimes paid.
• A risk assessment and changes to your work if it could affect your health or baby — such as adjusted duties, more breaks or the ability to sit.
• Reasonable accommodations for pregnancy-related limitations.
• Maternity or parental leave, and in some countries maternity pay.
• Protection from dismissal for pregnancy-related reasons.
• The right to return to your job and to request flexible working.
• Breaks and a private space for expressing breast milk on your return.

Do you have to tell your employer?

In many places you don't have to tell your employer straight away, but you'll usually need to give notice by a certain point to qualify for leave and pay. Some protections — like a risk assessment or time off for appointments — only start once your employer knows.

Putting your announcement in writing, with your expected due date, creates a useful record of when your employer knew.

If you think you're being treated unfairly

Steps that can help:

• Write it down. Keep dates, what was said, who was there, and copies of emails, messages and reviews.
• Compare. Note if your treatment changed after you announced, or differs from colleagues who aren't pregnant.
• Raise it in writing. An informal conversation may resolve things; if not, use your employer's grievance procedure.
• Ask for reasons in writing for any decision affecting your job.
• Get advice early. Time limits for legal claims can be short — sometimes just a few months.

Retaliation for raising a complaint is also unlawful in many systems.

Where to get help

Depending on your country, sources of free or low-cost help include:

• Government employment and equality bodies — for example the EEOC in the US or Acas in the UK.
• Your trade union.
• Free legal aid services and law school clinics.
• Specialist women's or maternity rights legal organisations and helplines.
• Bar association lawyer referral services for employment lawyers.

You deserve to enjoy your pregnancy without worrying about your job. TrustFem's legal-rights and fertility-pregnancy forums are places to share experiences with women who've been there.