工作场所的怀孕歧视

Cite this article as: Shraddha Bajracharya, "Pregnancy Discrimination in the Workplace," in188 金宝搏官网, April 8, 2018,https://www.188 金宝搏官网businesstopia.net/human-resource/pregnancy-discrimination-workplace-types-examples

怀孕歧视是指因怀孕,分娩或任何相关医疗状况而对女工的不公平治疗。

There are many cases of blatant discrimination against pregnant women because an employer doesn’t think she will be able to perform her job. However, pregnancy discrimination can also be subtle such as making one’s job redundant during maternity leave.

Pregnancy discrimination is a form of gender discrimination as only women can become pregnant. Women should not be deprived of workplace opportunities simply because they are pregnant or recently had a baby.


Motherhood penalty

The “motherhood penalty” refers to the downsides that working mothers face in the workplace. Studies show that mothers experience substantial disadvantages in the workplace in addition to those associated with gender.

在康奈尔大学社会学家进行的实验中it was found thatwhile mothers were penalized for being a parent, men were not and they even sometimes benefited from it. Numerous studies (1,,,,2)表明,母亲的薪水低于同事的薪水低,获得更糟糕的工作评估,并且晋升要少得多。


Pregnancy discrimination legislation

Pregnancy related discrimination in any phase of employment including interview, hiring, assignments, performance evaluation, training, promotions and demotions, rewards, and layoffs is prohibited by the Pregnancy Discrimination Act (PDA) in the United States.

The law permits pregnant employees to work as long as they can fulfill their workplace duties. If an employee has been missing work as a result of pregnancy, her employer may not force her to remain on leave until child birth.

Discrimination against pregnant women and new mothers continues to be an issue in the workplace. In 2016 alone, The Equal Employment Opportunity Commission (EEOC) in the U.S. received nearly 3,500 pregnancy discrimination charges.

Under laws like the PDA and the Canadian Human Rights Act, a pregnant employee is entitled to receive reasonable accommodation from the employee.


What is reasonable accommodation?

Pregnant employees may require to make changes in the way they work because of pregnancy-related needs. An employer has a legal obligation to cater to those needs.

A reasonable accommodation refers to any change in the workplace to assist a pregnant employee to perform the essential functions of a job. Accommodations vary according to the needs of the pregnant employee. Each decision to accommodate must be taken on a case-by-case basis.

The employer is only obligated to provide reasonable accommodation when an employee has a real need and if it doesn’t cause the employer an “undue hardship.” Undue hardship refers to a significant difficulty or expense that make it hard for the employer to provide reasonable accommodation.


Types and examples of pregnancy discrimination

Close-up of belly of pregnant woman office worker

There are many forms of pregnancy discrimination. Here are four types of pregnancy discrimination that a pregnant woman or a woman with pregnancy related illness may face in the workplace.

直接歧视

直接歧视是指因怀孕或产妇而对女性工人的不利待遇,例如因怀孕而解雇或拒绝雇用某人。雇主根据假设雇员因怀孕而无法履行职责是违法的。

Although an employer may believe that they are only looking out for the employee, it is against the law to force an employee to take time off or reassign their job.

例子: Refusing to promote a pregnant employee because the employer assumes she will not be able to take on the additional duties.

骚扰

Any frequent and pervasive conduct that interferes with a pregnant employee or a new mother’s performance in the workplace is harassment. This includes derogatory comments, insults, offensive jokes, physical assault, intrusive questioning, and threats.

Cite this article as: Shraddha Bajracharya, "Pregnancy Discrimination in the Workplace," in188 金宝搏官网, April 8, 2018,https://www.188 金宝搏官网businesstopia.net/human-resource/pregnancy-discrimination-workplace-types-examples

例子: A pregnant employee’s supervisor repeatedly asking her who the baby daddy is.

未能提供合理的住宿

当雇主未能为孕妇或雇员提供与怀孕有关的并发症合理的住宿时,这也是歧视。

Victimisation

Employees who complain of pregnancy discrimination may be victimised because of it. Employers may also retaliate against an employee for supporting a pregnant colleague’s complaint of discrimination.

例子:降职后,由于提出投诉而被解雇。

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