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Since Monday, the political news cycle has been unusually preoccupied with pregnancy discrimination—specifically, an anecdote of Senator Elizabeth Warren’s. It’s one she returns to on the campaign trail—and one that likely feels all too familiar for many of the women listening.
As Warren tells it, she was fired from her first teaching job because she was pregnant: When she was six months along and visibly pregnant, the principal told Warren the job she had secured for the following year was going to someone else instead. The year was 1971—seven years before Congress passed legislation to outlaw pregnancy discrimination.
When I was 22 and finishing my first year of teaching, I had an experience millions of women will recognize. By June I was visibly pregnant—and the principal told me the job I’d already been promised for the next year would go to someone else.
— Elizabeth Warren (@ewarren) October 8, 2019
But this week, right-leaning media outlets called into question Warren’s claims, citing a 2007 interview that characterizes the experience differently and a transcript from a 1971 school board meeting obtained by the Washington Free Beacon, which indicates Warren’s teaching contract was extended.
In an interview with CBS News, Warren stood her ground, noting that she had been hiding her pregnancy and the board decision preceded her termination. “I was pregnant, but nobody knew it,” Warren told CBS News. “And then a couple of months later when I was six months pregnant and it was pretty obvious, the principal called me in, wished me luck, and said he was going to hire someone else for the job.” In interviews with retired teachers from Warren’s school, CBS News found that there was an unspoken rule at the time that female employees should see themselves out about five months into their pregnancy.
The doubt cast on Warren’s story may be politically motivated, but it also exemplifies why pregnancy discrimination—not unlike sexual harassment in the workplace—is so often dismissed. Those who haven’t experienced pregnancy discrimination firsthand may not recognize how insidious it is, even four decades after the passage of the Pregnancy Discrimination Act.
Even when people take their employers to court, it can be hard to provide incontrovertible evidence that an employer’s actions were the result of pregnancy discrimination. A lawsuit filed against retailer Nasty Gal in 2015, for example, alleged targeted layoffs of three pregnant employees and a male worker who was about to take paternity leave. But the company argued that those terminations coincided with a company restructuring and wider round of layoffs.
It’s easy, then, to spin a narrative that women are voluntarily leaving the workplace or stepping down the ladder, rather than responding to systemic barriers that make it harder for them to advance.
There’s ample data on the reality of pregnancy discrimination. In fact, the number of claims filed with the EEOC has climbed steadily over the last two decades. (Recently, for instance, a former Google employee filed a complaint over allegations of pregnancy discrimination.) According to the National Partnership for Women & Families, nearly 31,000 claims of pregnancy discrimination were filed with the EEOC and state employment agencies from 2011 to 2015.
Of those claims, almost a third were complaints from women who were allegedly fired for being pregnant. The other common complaints were more subtle, characterized as harassment or “discriminatory terms and conditions of employment.” Tens of thousands of women have reportedly taken legal action over pregnancy discrimination at major companies like Walmart, AT&T, Whole Foods, and 21st Century Fox.
Where it gets knotty is that in some scenarios, pregnancy necessitates special treatment and is comparable to a temporary disability under the law. But in other cases, special treatment can qualify as discrimination. As the EEOC notes, the Pregnancy Discrimination Act bars pregnancy-related discrimination around “any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.” In jobs that require manual labor, if an employer denies a pregnant employee’s requests for shorter shifts or a lighter load, the outcome can be fatal. And a low-wage worker could get fired immediately after disclosing a pregnancy.
But in the corporate world, the bias can be more nebulous: It might manifest as being passed over for a promotion—steered onto the “mommy track”—or a boss scaling back a pregnant employee’s responsibilities. The discrimination need not be endemic to the industry or even company; it could be specific to one department, or one boss. Some companies may seemingly offer generous benefits but quietly discourage employees from taking advantage of those benefits. And then there are the instances of discrimination that keep people out in the first place—say, when a potential employer opts not to hire someone who’s pregnant.
was reminded today of an piece of advice most academic women heard before going on the job market:
“make sure and have a glass of wine at dinner so they know you’re not pregnant”
— Anne Helen Petersen (@annehelen) October 9, 2019
These sort of allegations aren’t as easy to peg as pregnancy discrimination, especially in a court of law, given the myriad reasons an employer could use to explain away their actions. In a 2015 case involving a woman whose job offer was rescinded after she disclosed her pregnancy, the Minnesota Supreme Court ruled that she lost her job not because she was pregnant, but because she then requested 12 weeks of unpaid maternity leave that she wasn’t legally owed. (This was despite evidence that her employer jotted down “Pregnant?” on her application.)
There is no singular experience of pregnancy discrimination. Even women who aren’t explicitly discriminated against for a pregnancy may be penalized by employers for the possibility that they might one day get pregnant or, upon having children, may be less committed to their work. We needn’t look further than the responses to Warren’s tweet to survey the intractable problem of pregnancy discrimination—and its contradictions and complexities.
I was fired the day after notifying of my pregnancy. And was told it was because “I wasn’t likeable enough”. I got a lawyer and a settlement.
Interviewing in the third trimester is an experience I wouldn’t recommend (albeit necessary for many)
— Emilia Merchen (@millypontipee) October 8, 2019
I can totally relate to this. I was fired in 1996 when I was five months pregnant, supposedly because work was “slowing down,” but actually for being pregnant. I know this because they called two weeks later in a real bind because they couldn’t keep up. Love me some #Karma.
— JustXie (@HnaXie) October 8, 2019
I learned I was pregnant on the first day of a new job in 1980. I shared the good news with my new boss and was unemployed within 4 hours, even though I was thoroughly qualified. Didn’t tell my next employer until I was showing at 4 1/2 months.
— Sharon McGee (@semcgee725) October 8, 2019
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For most professionals, lots of tech is necessary for a productive, efficient work day. Apps help with everything from note-taking and reminder-setting to project-tracking and information-gathering.
And with every promising startup offering a solution that promises maximal workplace effectiveness, it’s becoming rarer to see people doing things that used to be commonplace like—gasp!—taking notes by hand. But that doesn’t mean all of these traditional habits should fall by the wayside. Plenty of leaders, like Sheryl Sandberg, who writes goals in a notebook daily, are still fans of old-school methods. We asked several entrepreneurs to explain the benefits of these methods:
Plan your day on paper
Before you turn the lights off to drift to sleep, what do you do? Watch Netflix? Read? Scroll through Instagram? A more productive and effective habit might be writing down a recap of your day, says Nate Checketts, the cofounder and CEO of Rhone.
Each night, he goes through his calendar for the day ahead and transfers everything into a notebook. This lets him see where his open blocks are, creating areas for him to make progress on goals. “I’ll write down the most important thing I need to accomplish the next day and put a hold on the manual calendar, so I know I have it blocked off to complete,” he says. “I then add a maximum of three additional things I want to accomplish and, if applicable, add them in as well.”
In the morning, rather than hitting snooze, Checketts reaches for the same notebook before he unlocks his phone. He also writes down up to three things he’s grateful for or looking forward to. Both practices keep him on track, he says. “I have learned to really love the grind of building self-discipline.”
Call instead of emailing
Though email and Slack messages can be appropriate for quick chats, they also can result in miscommunications, snarky responses, and time-wasting conversations, says the CEO and founder of M.M. LaFleur, Sarah LeFleur. Instead, LeFleur has a policy of picking up the phone to clear up any potential issues. “As soon as a conversation starts to get complicated or gnarly, phone is a much better medium to communicate,” she says.
In addition to reducing the risk of irritability between colleagues or clients, LeFleur says it always shows just how much you care about the project at hand. It’s worked well in the past, says LeFleur, who recounts a time when a customer was upset and sent a not-so-friendly email to LeFleur’s personal email. Rather than ignore it, Le Fleur picked up the phone. “She was so thankful I took the time to call that she ended up visiting our store the following day and making another big purchase,” she says.
LeFleur also calls potential hires, especially ones she’s really excited about. Not only does she want to show how committed she is to onboarding new team members but she believes it can make or break a lead who is on the fence about a job offer.
Using business cards
Though business cards aren’t exactly archaic, more and more companies are doing away with them, since most can just share emails at networking events or meetings. But for Abigail Cook Stone, the founder and CEO of candle company Otherland, physical cards are a necessity.
In fact, she took things a step further: All business cards double as matchboxes. “For me, using matchboxes was a no-brainer for an introductory moment that feels so much more personal than simply connecting over social media or email,” she says.
So far, it’s been well-received by potential customers, clients, and others, especially since it serves as a conversation starter. “For creative, design-forward professionals, especially, it’s worth going the extra mile with a clever, memorable design that speaks to their company’s product or services and showcases their brand’s personality,” she says.
Write thank-you cards
When Jennie Smythe, CEO of Girlilla Marketing, was a kid, her mom insisted she write handwritten thank you notes for any gift she received. Though it took effort, she was impressed by how appreciative her out-of-town family and friends were for the small token of gratitude. It’s a practice she still exercises professionally and personally today.
“Sending handwritten notes in a world where we are so inundated with digital communication is very personalized and intimate,” says Smythe. “Often people don’t even know how much you appreciate them until you send a note expressing what they may have said, done, or inspired you to do. I really get a kick out of celebrating a good idea, a promotion, and the almighty ‘just because.’”
Why not just post something on social media? Well, it’s not private, she says, and there’s still value to be found in the extra effort it takes to sit down, write something sincere, and mail it off. “I truly believe that to see someone’s handwriting is now a rare vehicle to inspire a deeper connection.”
Subscribe to newspapers
No, your New York Times digital subscription doesn’t count. According to Jessica Zutz Hilbert, cofounder of Red Duck Foods, nothing can replace flipping through a paper, feeling the ink on your fingertips, and catching up on news. Today, she subscribes to The Wall Street Journal, The Oregonian, and The Portland Business Journal.
Though she doesn’t have a standing time when she reads the paper, she carries pages around and finds idle minutes throughout her day to catch up. Each morning, it’s this ritual, along with a trip outside, that kicks off her productivity. “I take a step outside and get a breath of fresh air. That breath of fresh air, especially in the mornings, can be so mind-clearing,” she says.
So why not read those articles online? She says a physical paper clears away distractions from advertisements, messages, and social media. Not only does she get a break from the ever-present blue screen, but there’s a sense of accomplishment when finishing a story—or 10. “When I’m reading about my communities, whether it be local, national, or international, I want to literally feel like I’m a part of it,” she says.
Hold tech-free meetings
More and more, businesses are encouraging employees to leave their phones to the side during meetings. But what about not bringing them at all? And leaving your laptop behind too? Less than five years ago, this was the norm, and it’s still in practice at some companies like Bite Toothpaste Bits, led by CEO Lindsay McCormick.
For all team gatherings, phones are put on silent, out of sight, and laptops are closed, except for the one projecting the agenda. For McCormick, it was a no-brainer decision since meetings can be powerful and productive but only when all employees are engaged and involved. “If you’re on the invite list for a meeting, it’s because your input is vital, she says. “The fastest way to get things done is for everyone in the room to give their complete focus and attention.”
Plus, it can have added benefits. “It helps our team bond because moments of downtime don’t end up with everyone grabbing their phones and instead leads to people to chatting and catching up.”
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