How Pregnant Employees Experience Sexual Harassment

Pregnancy is a significant life event that can bring both incredible joy and difficult challenges. However, for pregnant employees, the workplace can become a source of unexpected stress and discrimination. Despite various labor laws and workplace policies, pregnant individuals are often subjected to discriminatory and inappropriate behavior rooted in biases, stereotypes, or misconceptions regarding their role and value in the workforce.

In this article, we’ll explore the experiences of pregnant employees, the different types of sexual harassment they may face, their impact, and how companies can support and protect their pregnant employees.

Comments About a Pregnant Employee’s Body, Appearance, or Perceived Abilities

Remarks about weight gain, size, or how “big” or “small” someone looks are not only invasive but can also make an employee feel self-conscious and uncomfortable in the workplace. Similarly, some individuals may question a pregnant employee’s capacity to carry out certain tasks, assuming that pregnancy equates to diminished competence or productivity.

Statements such as “Should you really be lifting that?” or “You must be too tired to keep up” can undermine their professional capabilities and confidence. Additionally, continuous comments about a pregnant person’s appearance or size can come across as sexual harassment, especially if the behavior is pervasive.

Unwanted Touching Under the Guise of Interest in the Pregnancy or the Baby

Unwanted touching during pregnancy, even when framed as an expression of interest, can be intrusive and uncomfortable to the pregnant person. In particular, many pregnant women report instances where people, often acquaintances or even strangers, reach out to touch their stomachs without consent. While this action may be intended as a friendly or affectionate gesture, it disregards personal boundaries and bodily autonomy.

Remember that pregnancy does not diminish an individual’s right to control who has access to their body. To avoid making others uncomfortable, ask before initiating any physical contact and to respect the answer given, whether it is yes or no. Remember, any personal, or unwanted touching may be considered sexual harassment by a court of law.

Exclusion From Projects, Meetings, or Opportunities Due to Assumptions About Their Capabilities

Pregnant employees often face exclusion in the workplace due to unfounded assumptions about their ability to contribute effectively. This type of discrimination can manifest in various ways, such as being left out of critical projects, passed over for leadership roles, or excluded from decision-making meetings by their fellow employees.

Employers or colleagues may assume that pregnancy inherently limits an individual’s productivity, focus, or commitment, resulting in biased decisions that undermine the employee’s professional growth and sense of value. These assumptions fail to account for the varied experiences of pregnancy; many pregnant employees are fully capable and eager to perform their roles with the same level of competence they have always demonstrated.

Also, when we account for the fact that most pregnancies are carried out by cis-gendered women, we have to remain aware of how many of these biases are rooted in gender stereotypes. Is a person truly worried about the health of mother and baby or is it more a judgment upon what women are and aren’t capable of?

Remember, part of the origin of this legal term—coined in 1975 by a group of women led by instructor Lin Farely—was to protect women in the workplace. Biases rooted in attitudes toward pregnant women can also become an issue of sexual harassment.

Punishment or Dismissal for Reporting Harassment or Asserting Their Rights

When a pregnant worker raises a complaint, the response from the employer can sometimes shift from support to hostility. Employers or colleagues might falsely label the individual as problematic or uncooperative, using such characterizations as justification for punitive measures. Additionally, some employers attempt to mask retaliation under the guise of restructuring or performance-based decisions, making these discriminatory practices harder to uncover.

This typically occurs when an employee speaks out about a colleague’s poor behavior or for asserting their rights. For pregnant people, they may rightfully demand appropriate accommodations or maybe report sexual harassment from a higher-up. For an employer, dismissal or punitive measure might seem like an easy way to “get rid of the problem.”

However, this behavior is unethical and illegal under various labor and anti-discrimination laws. Protections such as Title VII of the Civil Rights Act and the Pregnancy Discrimination Act explicitly prohibit adverse actions against employees for reporting sexual harassment or discrimination.

Pressuring Pregnant Employees to Take Early Leave or Resign Under the Pretense of “What’s Best” for Them

When employers pressure pregnant employees to take early leave or resign under the guise of doing what is “best” for them, it perpetuates harmful stereotypes about pregnancy and work. These actions are often based on preconceived notions of pregnant individuals being unable to manage their professional responsibilities effectively. Such pressures can come in subtle forms, such as persistent suggestions to cut back hours or insinuations that their condition might pose a safety risk. More overtly, employers may directly request or mandate early leave, despite the employee’s willingness and ability to continue working.

These tactics not only undermine the autonomy of pregnant employees but also position their employers’ assumptions about their well-being over their own decisions and preferences. Employers who engage in such practices fail to recognize the protections under labor laws, which guarantee the right to work if the employee is medically able. Conversations about workplace accommodations or leave should always be collaborative and considerate of the employee’s expressed needs rather than stereotypical assumptions.

Impact on Mental and Physical Health

Mental Health

The psychological impact of sexual harassment can manifest as anxiety, depression, and feelings of isolation, as they struggle to cope with work and the physical changes associated with pregnancy. Many victims report heightened levels of emotional distress, which can lead to sleep disturbances, difficulty concentrating, and a diminished sense of self-worth.

The toxic environment created by such harassment can amplify fears of job insecurity, further exacerbating mental health issues. This can also affect their ability to prepare for the upcoming responsibilities of parenthood, impacting both their personal and professional lives.

Physical Health Complications

Workplace harassment can trigger physiological responses, including increased blood pressure and elevated heart rates. This can pose risks such as hypertension or, more dangerously, preeclampsia.

Additionally, the mental toll of harassment often translates into physical symptoms such as fatigue, headaches, and gastrointestinal issues, further straining their bodies during an already demanding time. For some individuals, cumulative stress can jeopardize both maternal and infant health.

Impact on Professional Confidence

Harassment often erodes a person’s belief in their skills and knowledge, leaving them feeling isolated and unappreciated in an environment where they should ideally feel supported.

For pregnant employees, this lack of confidence can be particularly damaging as it may influence their willingness to take on new projects, voice their ideas, or seek career advancement opportunities. Over time, this diminished confidence can stagnate professional growth, leaving lasting repercussions on their careers long after the harassment is over.

At The Law Firm of Tamara N Holder, our sexual harassment lawyers understand the unique challenges faced by pregnant employees who experience workplace harassment. If you or someone you know is facing sexual harassment or discrimination in the workplace due to pregnancy, do not hesitate to reach out to us. Our skilled attorneys will provide compassionate guidance and legal representation to help you navigate this difficult situation so you can go back to focusing on the joys of pregnancy.