What is discrimination on the basis of reproductive status?

Discrimination on the basis of reproductive status, also called pregnancy-based discrimination, occurs when employers or prospective employers adopt policies that adversely affect women workers or women job applicants solely because they are or could become pregnant. Pregnancy as a condition is inextricably linked to being female. Consequently, when women are treated adversely because they are or may become pregnant, they are being discriminated against on the grounds of sex.

Discrimination on the basis of reproductive status can take many forms, either subtle or blatant. Some common practices include:

• The obligation to submit to a pregnancy test in the form of providing a doctor or nurse with a urine sample, or submitting to a physical exam that includes a pregnancy test as a condition of employment.

• The obligation during the interview process to answer questions about your menstrual cycle, use of contraception, or whether you are sexually active.

• When you apply for work, human resources or personnel managers warn you that if you are pregnant you will not be hired.

• The obligation to answer questions on an application form about whether you are pregnant.

• A boss or supervisor at work tells you that you may be demoted or fired if you become pregnant.

• The obligation to sign a letter or a contract promising to resign if you become pregnant, when you were first hired or afterwards.

• Plant supervisors oblige you to work overtime, do more physically dangerous or demanding work, or verbally assault, upbraid, or harass you for being pregnant.

• Your employer forces you to resign, decreases your pay or changes your position, or tells you the terms and conditions of your employment will change for the worst if you become pregnant.

• Your employer obstructs your legal right to access to reproductive health care, including prenatal check-ups.

• Your employer does not grant you your full legal maternity leave.

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