Gender and pregnancy discrimination can result in unfair treatment in the workplace. Although the Equal Pay Act has been on the books for over 40 years, recent studies have shown that women continue to be paid less than men for performing the same work.

According to a 2003 study by the U.S. Department of Labor, women make 78% of men’s wages across the board. Most surprising, the wage disparity is greatest among the most highly educated groups.

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North Carolina Gender & Pregnancy Employment Law

Employers have developed fairly standard arguments to evade liability for North Carolina gender and pregnancy employment laws.

For example, employers routinely try to distinguish the work performed by a female employee and her male counterparts by arguing that the male employees’ jobs require more skill. Employers also try to identify something in the male employee’s background or resume that distinguishes him from the female employee in order to justify his higher wage.

Luckily there are employment laws that protect employees from pregnancy and gender discrimination.

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The Equal Pay Act and Gender Discrimination

The Equal Pay Act of 1963 prohibits employers from paying unequal pay to women for equal work. The Act prohibits discrimination with respect to wages, which includes base salary, bonuses, stock options, profit sharing and other fringe benefits.

The Act does not require that a female employee show that the equal pay and wage discrimination was intentional or based on her gender; she need only show that there is a pay disparity, i.e. that a male employee at the same company is paid a higher “wage” for performing substantially equal work.

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Pregnancy Discrimination Violates Multiple Laws

Pregnancy discrimination is a form of gender discrimination, which was made illegal in the workplace with the passage of the Civil Rights Act of 1964. Later laws, such as the Family Medical Leave Act (FMLA), also ensure that America’s working women don’t have to face serious negative career repercussions due to pregnancy.

In addition, pregnancy discrimination can also be construed in some circumstances to violate provisions of the Americans with Disabilities Act (ADA). This is not to say that pregnancy is classified as a “disability” per se, but if your employer perceives pregnancy as being a disability and then makes discriminatory decisions based on that perception, that’s illegal.

In recent years, pregnancy discrimination has been on the rise. Pregnancy discrimination is one of the most offensive forms of discrimination, and we emphasize this area of law in our practice.

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The Pregnant Worker Fairness Act

The Pregnant Workers Fairness Act (PWFA) requires employers to provide a “reasonable accommodation” to a qualified employee’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The PWFA went into effect on June 27, 2023.

The PWFA uses a similar “reasonable accommodation” definition as the ADA and may include: frequent breaks, remote work, light duty, parking accommodations, or modification of job duties and work hours.  Employers are required to engage in an “interactive process” with a pregnant employee requesting an accommodation.  This process anticipates a free flow of information by both sides, and a joint intention to find a workable solution that permits the pregnant employee to continue in her role absent an undue hardship. 

The PWFA also protects employees seeking accommodations from retaliation by their employers.

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The Subtle Forms of Pregnancy Discrimination

If your employer perceives pregnancy to be a disability, then he or she may make discriminatory decisions in an effort to accommodate you. In some forms, this can be helpful and maybe even welcome. In other forms, it can harm your career.

For example, many women report being stripped of their primary job responsibilities during pregnancy. The employer may just be trying to reduce the stress and workload of the pregnant employee, but the employee has lost the opportunity to perform and, in many ways, to advance in her career.

Until the United States Supreme Court’s decision in Bostock in 2020, in most states, it was legal to discriminate against workers because they were gay and/or transgender. The fact that institutional discrimination against the LGBTQ+ community was permitted to fester that long out in the open was a stain on our nation and a national embarrassment.