Thirty years after the Pregnancy Discrimination Act (PDA) was enacted on Oct. 31, 1978, a new study finds that discrimination complaints have increased greatly and are affecting women of color at a much higher rate than white women.
A new study released by the National Partnership for Women and Families found that in 2007, working women in the United States filed 65 percent more complaints of pregnancy discrimination with the Equal Employment Opportunity Commission (EEOC) than they filed in 1992.
The press release states: “The new study finds that race and ethnicity appear to be playing a significant role in the rise of pregnancy discrimination complaints. During the discrete period from FY1996 to FY2005, claims filed by women of color jumped 76 percent, while claims overall increased by 25 percent. During that time, complaints filed by Black women increased by 45 percent, by Hispanic women by 135 percent, by Asian/Pacific Islander women by 90 percent, and by American Indian/Alaska Native women by 109 percent. More than half the claims filed with the EEOC during that period (53 percent) were filed in service, retail trade and the financial services, insurance and real estate industries - where some seven in 10 women work.”
“ ‘It is truly sobering that, 30 years after our nation outlawed discrimination on the basis of pregnancy, so many women are forced to file complaints with the EEOC,’ said National Partnership for Women & Families President Debra L. Ness. ‘We are especially concerned that so many women of color face pregnancy discrimination, and that employers in industries dominated by women workers are not obeying the law. Negative stereotypes about women, particularly pregnant women, clearly persist. We must strengthen enforcement of the Pregnancy Discrimination Act to make real the promise of equal opportunity in this country.’ ”
“The new study finds that, from FY1996 to FY2005, 38 states recorded an increase in pregnancy discrimination charges filed with the EEOC. Thirteen states (Arkansas, Iowa, Montana, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Texas, Vermont and Washington) and Puerto Rico saw increases of more than 50 percent in claims during this period.”
“ ‘The increase in complaints about pregnancy discrimination far outpaced the increase in women in the workforce during this time period,’ said National Partnership General Counsel Jocelyn Frye, who authored the report. ‘Because many women who face pregnancy discrimination are reluctant to file charges with the EEOC, the problem may be even more widespread than these figures suggest.’ ”
I asked the Partnership for Women & Families why they thought minorities were showing larger increases. Here’s the answer from General Counsel Frye.
“There is not a definitive answer to why minority groups are affected more by pregnancy discrimination, as there could be a number of factors in play. First, it could be related to negative stereotypes and attitudes about women of color — where the combination of gender bias and race or ethnic bias risk subjecting women of color to greater hostility or discrimination. Second, we have certainly speculated that it could also be related to the types of jobs women of color hold — many are disproportionately working in lower wage jobs with less opportunity for advancement. Third, it also could indicate greater awareness of discrimination. An increase in claims could reflect increased knowledge of the law and protections against pregnancy discrimination.”
Frye continued: “While we do not have enough information to come up with a definitive answer, the data at a minimum provides a compelling reason to look further and determine whether there are targeted enforcement efforts — for example, aimed at jobs where claims are highest, or where women of color work the most — that are effective in reducing the rate of pregnancy discrimination complaints.”
