Pregnancy is a significant and transformative period in a person’s life, but unfortunately, it can also be a time when workers face discrimination in the workplace. To combat this, Kentucky has taken a proactive step by enacting the Kentucky Pregnant Workers Act, which amends the Kentucky Civil Rights Act (KCRA) to offer greater protection to pregnant workers.
Understanding the Kentucky Pregnant Workers Act
The Kentucky Pregnant Workers Act, effective since June 27, 2019, is an amendment to the Kentucky Civil Rights Act that aims to ensure pregnant workers receive fair treatment and reasonable accommodations in the workplace. The Act mandates that employers provide necessary adjustments to pregnant employees, similar to those provided to other employees with temporary disabilities.
How the Act protects pregnant workers
The Kentucky Pregnant Workers Act requires employers to make reasonable accommodations for pregnant employees, unless doing so would cause undue hardship. These accommodations can include:
- More frequent or longer breaks
- Time off to recover from childbirth
- Modified work schedules
- Temporary transfer to less strenuous or hazardous positions
- Modified equipment or uniforms
These apply to those who are pregnant or recovering from childbirth, as well as those who are nursing.
Common examples of pregnancy discrimination in Kentucky workplaces
Despite legal protections, pregnancy discrimination can still occur in various forms. Supervisors may unfairly target pregnant workers for layoffs due to misconceptions about their ability to perform their duties. Employers may overlook pregnant employees for promotions, assuming they will not be committed to their roles post-pregnancy or demote pregnant workers based on unfounded assumptions about their productivity or commitment. Pregnant applicants may also face bias during the hiring process, with employers reluctant to hire them due to potential maternity leave.
Those who find themselves the victim of this type of discrimination can fight back.
What to do if you experience workplace discrimination while pregnant
If you believe you are facing pregnancy discrimination at work, consider taking the following steps:
- Document everything: Keep detailed records of any discriminatory actions or comments, including dates, times, and witnesses.
- Review company policies: Familiarize yourself with your employer’s policies on discrimination and accommodations.
- Communicate with your employer: Discuss your concerns with your employer or HR department, and request the necessary accommodations.
- File a complaint: If not resolved, it may be wise to file a complaint with the Kentucky Commission on Human Rights or the Equal Employment Opportunity Commission (EEOC). Additional legal action can also provide relief, potentially leading to monetary awards to help cover any financial losses resulting from the discriminatory practices.
The Kentucky Pregnant Workers Act is a step forward, better ensuring that pregnant workers are treated fairly and with respect. By understanding your rights and taking appropriate action, you can help foster a more inclusive and supportive workplace environment.