Editor’s note: This article was originally published on March 16, 2023 and was updated on February 26, 2024.
If you work for a company that offers any range of benefits, it is likely the organization also offers generous time off for expecting mothers. But does the employer have inclusive hiring practices and considerations for pregnant workers while they are on the job?
According to a 2022 survey from the Bipartisan Policy Center and Morning Consult, 1 in 5 mothers have experienced pregnancy discrimination in the workplace. The research shows that millennials are 18% more likely to witness bias than Gen X (9%) and Baby Boomers (7%). In some cases, this has led mothers (21% of respondents) to fear telling their employer about their pregnancy. They believe their employer will discriminate against them or retaliate in some way.
Pregnancy discrimination isn’t a new phenomenon, and it isn’t going away.
The Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The law requires employers with more than 15 workers to provide arrangements for employees who are pregnant and for childbirth. The PWFA also bans businesses from discriminating against an employee or job candidate for pregnancy-related accommodations.
The legislation is like the Americans with Disabilities Act (ADA) of 1990, requiring employers to provide temporary, reasonable accommodations.
While the law is a step in the right direction, there are additional considerations for employers beyond legal obligations to support pregnant employees and parents.
Support for Pregnant Workers
Many companies in the United States have policies to support pregnant workers. These include paid parental leave, flexible work arrangements and accommodations for pregnancy-related needs. Fair360 Top 50 companies that have been recognized for their policies and practices in supporting pregnant workers include:
Johnson & Johnson: All employees at Johnson & Johnson (a Fair360 Hall of Fame company) can take up to eight weeks of paid time off during the first year of the arrival of a new child to the family, whether that be leave for “maternal, paternal, adoptive, surrogacy-assisted or foster parents,” according to its website.
Accenture: This Fair360 Hall of Fame company provides birth parents with 16 weeks of paid maternity leave and eight weeks for other parents. It also provides support for fertility management and adoption and reimbursements for surrogacy and adoption fees. Primary caregivers also have the option to work from home for one year after giving birth or adopting a child.
Capital One: Birth parents at Capital One (No. 28 on the Top 50 Companies list) receive 18 weeks of paid time off while other parents receive eight. The company also provides fertility coverage and reimbursement for surrogacy or adoption.
Intersecting Marginalization
Some people think of the term “intersectionality” as the intersection of different identities. For Samantha Erskine, Assistant Professor of Management at the University of Massachusetts Boston and a member of The PhD Project, intersectionality is more than intersecting identities: it’s intersecting marginalization.
“It refers to multiple overlapping and intertwined social dynamics that arise at the intersection of race, ethnicity, gender, class, age, sexuality and all of the injustices that come along with sexism, classism, racism, misogyny, transphobia, xenophobia and ableism.”
Erskine advises employers to offer comprehensive workplace training on intersectionality. Additionally, organizations should gather and analyze qualitative and quantitative data on the experiences of pregnant employees and those planning pregnancy to provide customized support.
Consider Biases
When considering the treatment of pregnant workers, businesses might also want to consider other biases that may come into play and address them. Erskine described the concept of “misogynoir,” which is the combination of misogyny, hatred towards women and anti-Blackness.
“The ways in which that shows up include not believing women about the pain they are experiencing, for example, or feeling like Black women are stronger, which is kind of a legacy of slavery, the ways in which Black women are perceived to not experience pain, and so they are not believed,” she said.
As Erskine mentioned, this mistreatment of Black women dates back to the 1800s. Slaves were cut open and experimented on by J. Marion Sims, who is considered the “father of gynecology.” You can read more about this and the impact racism in healthcare has had on Black women here.
For Latinas, they may experience xenophobia, or this “not-American identity that impacts how people perceive them,” Erskine said.
“When I worked at the National Latina Institute of Reproductive Health a long time ago (now the National Latina Institute for Reproductive Justice), we got a lot of hate mail saying, ‘go back to your country,’ ‘close your legs, you won’t populate our country with your inferior babies,’ sentiments that are angry towards Latinas.”
Preventing Gendered Racism
Systemic gendered racism affects pregnant employees, as seen in pay disparities and lack of representation. It also extends to healthcare disparities.
To address these issues, employers can adopt anti-racist management practices through discrimination prevention policies. However, Erskine emphasized that it is important to tend to emotions in the workplace, especially around required training, which can be met with resentment. This requires more of a wellness and well-being perspective rather than just avoiding lawsuits.
In addition to implementing fair and equitable hiring and promotion practices, employers can provide accommodations for pregnant workers. Accommodations include flexible scheduling, access to lactation rooms and time off for medical appointments. They can also conduct regular equity audits to identify areas that need improvement. Additionally, employers should engage with community-based organizations that work with marginalized groups and pregnant workers.
Broadening the Definition of Pregnancy
To be inclusive, Erskine said employers need to broaden their definition of pregnancy to include people of all genders.
“I think a lot of people still refer to people who get pregnant as women,” she said. “It’s important for employers to reiterate that not all people who can become pregnant identify as ‘a woman,’ so broadening the definition of pregnancy and policies and practices to include people of all genders who might be affected by pregnancy-related conditions is important.”
More employers are providing access to gender-neutral restrooms in the workplace. This should be extended also to include gender-neutral lactation rooms and other pregnancy accommodations.
According to Erskine, these efforts should tie in with trans-inclusive policies that prohibit discriminating against someone based on how they decide to express their gender.
“Provide trans-inclusive policies with clear guidelines for even addressing complaints in a way that feels psychologically safe to do so because often when people address their complaints, they experience retaliation or they experience apathy or gaslighting, so provide policies but also attend to the emotions that come with discrimination.”
She also recommends training employees on pronoun usage, respectful communication and avoiding microaggressions. Organizations can also encourage senior leaders to display more allyship and curiosity to create a supportive and inclusive workplace culture.
