Facing discrimination during pregnancy can be overwhelming, especially when you are trying to protect your job and plan for a new baby. Many people confuse pregnancy discrimination with maternity leave issues. While they are related, they are not similar. Knowing how to tell them apart can help you stand up for your rights.
Pregnancy discrimination happens when your employer treats you unfairly because you are pregnant or planning to become pregnant. On the other hand, maternity leave is all about the time you are allowed to take off before or after childbirth. If your employer denies you leave or punishes you for taking it, you might be dealing with both issues.
“Is this legal?” What to watch for
Some situations may seem like normal workplace challenges, but they may actually involve pregnancy discrimination or leave violations. Here is how to spot the difference:
- If you are treated unfairly due to pregnancy: This includes being fired, demoted or denied a promotion simply because you are pregnant. It falls under pregnancy discrimination, which is illegal under federal law.
- Being denied leave you are entitled to: The Family and Medical Leave Act (FMLA) allows eligible workers to take up to 12 weeks of unpaid leave. If your employer refuses to honor this, it is a violation of your leave rights.
- If you are forced to take leave early: You have the right to keep working as long as you can safely do your job. Forcing you off the job just because you are pregnant is discriminatory.
- If you are treated differently after returning: Not getting your job back or being given fewer hours when you return from maternity leave could be considered retaliation, which may be unlawful.
Understanding whether you are facing discrimination or leave issues helps you respond appropriately. Sometimes, it is both.
When things get confusing or feel unfair, do not wait. Legal guidance can give you the clarity and support you need during a time that should be focused on your health and your baby.
