Here’s a simple message you can pass on to bosses dealing with pregnant employees: Tell them the only appropriate response is to offer the mother-to-be a congratulations when she announces her pregnancy.
Any subsequent remarks are just fodder for a potential lawsuit, especially if they concern problems like attendance or the child care arrangements the new mom will make.
Instead, keep the focus on objective measures, such as job performance.
Recent case: Isabelle worked as a nurse for a home health care agency. She was one of three nurses and several nurses’ aides who gave round-the-clock care to a disabled patient.
When Isabelle became pregnant, she soon began to hear rumors that she would be removed from the work schedule.
She also heard a manager comment that if pregnant nurses “couldn’t do their jobs,” they would not be allowed to work at all. Then she was directed to train two potential replacement nurses.
She quit and sued, alleging.
The court said her case could go forward, based on her allegations that a manager had made the disparaging comment about pregnant nurses. That was potential evidence that the company treated pregnant women differently from other employees who missed work for other medical reasons. They weren’t threatened with termination because of potential attendance problems. (Atem v. Accurate Homecare, No. 13-903, DC MN, 2013)
Final note: The Pregnancy Discrimination Act prohibits treating pregnant women less favorably than other employees who may take time off for medical problems.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Maternity leave for small employers
- How do California and federal laws treat surrogate motherhood?
- Will pregnancy become a 'Super-Protected' class in Ohio?
- How not to handle FMLA leave: Bank learns the hard way that following the law isn't optional