Age group and Being pregnant Matters for making a Career

two min read
A pregnant woman wearing purple blazer holding her baby bump to celebrate pregnancy

Pursuing one’s chosen career or profession is a fundamental human right. Everyone has the opportunity to seek the jobs they desire, regardless of age, whether they’re young or elderly, and whether they’re expecting a child or not. However, pregnancy introduces various factors that can influence career choices. Apart from health concerns, there should be no hindrance whatsoever. So, if anyone discriminates against your pursuit of a career while pregnant, know that there are legal protections to support you.

Laws exist to prohibit any form of discrimination based on factors like age or pregnancy. Anti-discrimination laws encompass not just specific states and localities, but the entire nation.

Age

As per the Age Discrimination in Employment Act of 1967 (ADEA), job applicants and employees who are 40 years old and above are safeguarded against employment discrimination.
The Older Workers Benefit Protection Act of 1990 (OWBPA) entitles older employees to specific benefits. This includes allowing employees to coordinate retiree health benefit plans, particularly those eligible for Medicare or similar state-sponsored health benefits.

These laws cover all aspects of employment, including hiring, firing, promotions, layoffs, compensation, benefits, work assignments, and training.

Other forms of protection include:

  • Apprenticeship – Certain specific exceptions are granted here.
  • Job notices and advertisements – Age preferences, limitations, or specifications are eliminated, except when reasonably necessary.
  • Pre-employment inquiries – Employers must refrain from asking for an applicant’s date of birth to prevent potential discrimination, information can be obtained after the applicant is hired.

Pregnancy

While pregnant women may face pregnancy-related issues or health concerns, they must be treated the same way as other job applicants or employees.
Instances occur where women applicants or employees face workplace discrimination by employers based on pregnancy, childbirth, or related medical conditions, rather than on skills or capabilities.

These actions constitute unlawful sex discrimination under the Pregnancy Discrimination Act Title VII of the Civil Rights Act of 1964. Women are protected against:

  • Refusal to hire a pregnant woman due to her pregnancy or biases from co-workers, clients, and customers.
  • Singling out pregnancy-related conditions to assess an employee’s ability to work.
  • Denying appropriate treatment to an employee temporarily unable to perform her job.
  • Questioning maternity leave for an employee.

Not permitting pregnant employees to work even if they’re still capable of performing their duties.

The law mandates that any health insurance provided by an employer should cover costs for pregnancy-related conditions similar to costs for other medical conditions.

As per the law, employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Additional Benefits

Benefits can’t be restricted to married employees. In a workforce or job classification consisting solely of females, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.
If an employer provides any benefits to employees on leave, the same benefits must be extended to those on leave for pregnancy-related conditions.

Employees on leave due to pregnancy-related conditions must be treated the same as other temporarily disabled employees concerning accrual and crediting of seniority, vacation calculation, pay raises, and short-term disability benefits.

Retaliation against anyone for opposing discriminatory employment practices based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII is also illegal.

Picture by Leah Kelley through Pexels