Pregnancy Discrimination Essay

It needs to be pointed out that pregnancy discrimination is unlawful discrimination in accordance with the Pregnancy Discrimination Act of 1978. It is applicable in all kinds of organizations or employment agencies.

Baker (2008) explains that the condition of pregnancy presents a unique challenge within the context of discrimination. The Pregnancy Discrimination Act states that the pregnant employee or an applicant for a certain position in the organization has to be treated like others (in accordance only with the skills and experience this person has but not with the health state). The significance of this Act is in its guarantees of the equal but not a special or preferential treatment for pregnant women. But according to Flynn (2002), many employers don’t know for real how to treat pregnant women. And that is one of the reasons why pregnancy discrimination complaints have increased significantly in the recent years. Neither I nor my friends haven’t personally experienced the discrimination based on the condition of pregnancy, therefore I can research this issue based only on the information presented in the academic sources and media.

The best possible course of action to take when the person became the target of pregnancy discrimination starts with the establishment of the unlawful discrimination.  The employee who is a possible victim of such discrimination needs to demonstrate the following:

  1. The fact of pregnancy;
  2. The qualification for the job;
  3. The job decision which was apparently based on the discrimination;
  4. And the most important element: the connection of the pregnancy itself and the unjust job decision.

Secondly, when these conditions have been clearly established by the employee, it’s time for the employer to articulate the sufficient reasons of non-discriminatory character of the decision to avoid possible liability. Then, if there is a case of intentional discrimination and the employee has the reliable arguments for that, the employee may go to the court.

The pregnancy and maternity leave related issues should be considered by the employers in the following way: they should keep in mind the major principle of the equal but not a preferential treatment for pregnant employees. On the whole, employers have to be particularly careful when facing with possible pregnancy discrimination in employment and promotion.

 

References

Baker, L. (2008) Pregnancy Discrimination Act: Guarantee of Equal Treatment, Not Preferential Treatment. The FBI Law Enforcement Bulletin. 77. (3), p.26

Flynn, G. (2002) Watch out for Pregnancy Discrimination. Workforce. 81 (12), p. 84

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: March 29, 2024]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 29, 2024]
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