When an employee announces their pregnancy, “Congratulations!” is about the only thing a manager should say.  A recent lawsuit filed by the EEOC against an Oklahoma company demonstrates how boorish jokes about employee pregnancy can be used by the EEOC (and employees) as evidence of a discriminatory motive.  

The lawsuit alleges the employer's sales director and manager joked that female employees should not “drink the water” because employees “get pregnant and leave.” Later, when a new employee became  pregnant during her introductory period, the company fired her for low sales and policy violations. The EEOC alleges the termination was discriminatory against the pregnant employee because of concerns that she will not return to her position after her child is born. The lawsuit also alleges that male employees with similar performance were not fired, setting up a comparison that will play out as the lawsuit progresses.

Cases like this, as well as the relatively new requirements of the Pregnant Workers Fairness Act, suggest employers should update their EEO policies to address pregnancy as a protected characteristic and provide examples of inappropriate comments related to pregnancy. Also, employers should spend more time exploring protections for pregnant employees during discrimination and harassment training. Some employers have not developed the same sensitivity around pregnancy-related matters as most employers have around other protected characteristics such as race or religion. And, because pregnancy is often a routine topic of discussion outside the workplace, employees may not be aware of how attempts at pregnancy-related humor in the workplace can backfire.