1 00:00:08,080 --> 00:00:10,760 Speaker 1: Imagine you're applying for a job and you get this 2 00:00:10,920 --> 00:00:14,640 Speaker 1: voicemail from the person you just interviewed with joy to 3 00:00:14,800 --> 00:00:17,080 Speaker 1: keep Dr Ross calling how are you? I'm actually had 4 00:00:17,079 --> 00:00:19,280 Speaker 1: the town as you know, I mean Colorado kids man 5 00:00:20,120 --> 00:00:22,959 Speaker 1: on spring break. Um, and they wanted to pay you 6 00:00:23,040 --> 00:00:26,040 Speaker 1: for meeting me onside, and I did want to offer 7 00:00:26,079 --> 00:00:29,000 Speaker 1: you the job. I think would be a great fit. 8 00:00:29,720 --> 00:00:32,920 Speaker 1: A voicemail like that, with an excited sounding boss and 9 00:00:33,080 --> 00:00:36,920 Speaker 1: a job offer is exactly what anyone applying for a 10 00:00:37,000 --> 00:00:41,640 Speaker 1: job can hope for. But then imagine one day later 11 00:00:42,400 --> 00:00:46,240 Speaker 1: you get another very different voicemail from that same person. 12 00:00:46,760 --> 00:00:49,800 Speaker 1: To be honest with you, UM, I think just right now, 13 00:00:49,800 --> 00:00:51,960 Speaker 1: I need a couple more days to figure out this position, 14 00:00:52,040 --> 00:00:55,280 Speaker 1: this job position. UM, So I'm not gonna offer you 15 00:00:55,240 --> 00:00:57,200 Speaker 1: a job just I just need a couple more days 16 00:00:57,200 --> 00:01:00,600 Speaker 1: to figure this out. Those voicemails they were left for 17 00:01:00,600 --> 00:01:05,160 Speaker 1: a woman named Nikki LaPoint In early Nikki was applying 18 00:01:05,200 --> 00:01:08,520 Speaker 1: for a new job as an orthodontist assistant. She'd be 19 00:01:08,520 --> 00:01:11,440 Speaker 1: doing similar work, but the job paid a little better. 20 00:01:11,880 --> 00:01:14,560 Speaker 1: It was closer to her home in St. Louis Park, Minnesota, 21 00:01:15,120 --> 00:01:17,000 Speaker 1: and that would make it a lot easier for her 22 00:01:17,040 --> 00:01:19,640 Speaker 1: to make it home to her son after work. She 23 00:01:19,720 --> 00:01:23,759 Speaker 1: even knew someone that worked there. One day, Nikki had 24 00:01:23,800 --> 00:01:28,119 Speaker 1: the job, and the very next it was rescinded. So 25 00:01:28,160 --> 00:01:31,520 Speaker 1: what can happen and one day that would change unemployer's mind. 26 00:01:32,480 --> 00:01:36,000 Speaker 1: The doctor had gotten one important new piece of information. 27 00:01:36,959 --> 00:01:39,959 Speaker 1: After that first voicemail, Nikki called back her future boss 28 00:01:40,520 --> 00:01:43,360 Speaker 1: and she told her that she was pregnant. I'm not 29 00:01:43,440 --> 00:01:47,119 Speaker 1: sure exactly how it came up, but I did tell 30 00:01:47,120 --> 00:01:49,720 Speaker 1: her that I just wanted to let her know that 31 00:01:49,760 --> 00:01:52,880 Speaker 1: I did recently find out that I am pregnant with 32 00:01:53,280 --> 00:01:56,720 Speaker 1: my second child. That's Nikki. It didn't feel like I 33 00:01:56,800 --> 00:01:59,200 Speaker 1: didn't get the job because there was a better candidate. 34 00:01:59,320 --> 00:02:02,559 Speaker 1: I didn't get the job because I wasn't qualified. Nikki 35 00:02:02,640 --> 00:02:06,040 Speaker 1: felt that she didn't get the job because of her pregnancy. 36 00:02:06,200 --> 00:02:08,840 Speaker 1: The offer was technically on hold, but in reality it 37 00:02:08,880 --> 00:02:11,760 Speaker 1: was gone. The orthodontist had posted a new ad for 38 00:02:11,800 --> 00:02:15,320 Speaker 1: the job that same day. Nikki tried to work things 39 00:02:15,320 --> 00:02:20,560 Speaker 1: out over email, but eventually the orthodontis stopped responding to Nikki. 40 00:02:20,680 --> 00:02:23,880 Speaker 1: All of this seemed like it might be illegal. Can 41 00:02:23,919 --> 00:02:27,760 Speaker 1: you not hire someone because they're pregnant? So she got 42 00:02:27,760 --> 00:02:30,600 Speaker 1: a lawyer and sent him everything she had, the voice mails, 43 00:02:30,680 --> 00:02:34,520 Speaker 1: some emails, and Steve Smith, the lawyer she found, thought 44 00:02:34,560 --> 00:02:38,480 Speaker 1: that she had a strong pregnancy discrimination case. The case 45 00:02:38,560 --> 00:02:41,720 Speaker 1: was unusual in the sense that you know, I'd say probably, 46 00:02:42,440 --> 00:02:45,240 Speaker 1: you know, once every five to ten years, someone will 47 00:02:45,280 --> 00:02:49,640 Speaker 1: walk in your office with direct, undisputed evidence that looks 48 00:02:49,680 --> 00:02:54,160 Speaker 1: like discrimination. It looked like discrimination to Nikki and her lawyers, 49 00:02:54,240 --> 00:02:57,440 Speaker 1: but the orthodontist argued that her decision to rescind the 50 00:02:57,560 --> 00:03:01,160 Speaker 1: job had nothing to do with pregnant see. She said 51 00:03:01,200 --> 00:03:04,600 Speaker 1: her real concern was what Nikki would do after she 52 00:03:04,680 --> 00:03:07,120 Speaker 1: had the baby and how much time she'd want to 53 00:03:07,160 --> 00:03:11,280 Speaker 1: take off. And it turns out that legally that's not 54 00:03:11,560 --> 00:03:18,440 Speaker 1: pregnancy discrimination. So Nikki lost. For those who want to 55 00:03:18,520 --> 00:03:21,760 Speaker 1: keep working at the same level, getting pregnant and having 56 00:03:21,800 --> 00:03:26,440 Speaker 1: a child often deals them an involuntary setback. Women deserve people. 57 00:03:26,880 --> 00:03:32,600 Speaker 1: People work object helps to keep women not on a ptaphone. 58 00:03:32,880 --> 00:03:35,520 Speaker 1: But in the case, you should never say I'm ready 59 00:03:35,520 --> 00:03:37,360 Speaker 1: to have a baby. Am I'm ready to leave my job. 60 00:03:37,800 --> 00:03:41,280 Speaker 1: There's no single industry where women aren't punished for appropriating. 61 00:03:41,440 --> 00:03:45,119 Speaker 1: When men have children, they experience a pay bump when 62 00:03:45,120 --> 00:03:48,400 Speaker 1: women have children, the opposite happens. Bloomberg crunch the numbers 63 00:03:48,400 --> 00:03:51,120 Speaker 1: and found that Wall Street is the worst when it 64 00:03:51,160 --> 00:03:55,320 Speaker 1: comes to gender pay gas. Gender is no longer the 65 00:03:55,360 --> 00:03:58,640 Speaker 1: factor creating the greatest wage to discrepancy in this country. 66 00:03:58,880 --> 00:04:13,280 Speaker 1: Motherhood is welcome to the paycheck. I'm Rebecca Greenfield. For 67 00:04:13,360 --> 00:04:17,400 Speaker 1: women like Nikki, the motherhood penalty starts even before the 68 00:04:17,440 --> 00:04:21,159 Speaker 1: baby comes. Once a woman gets pregnant, the workplace starts 69 00:04:21,200 --> 00:04:27,200 Speaker 1: to see potential liabilities and inconveniences. Some pregnant women have complications, 70 00:04:27,480 --> 00:04:29,760 Speaker 1: they might have to take time off from their jobs, 71 00:04:30,240 --> 00:04:34,240 Speaker 1: especially if they do something particularly physical. But there's also 72 00:04:34,320 --> 00:04:38,800 Speaker 1: this idea that pregnant women just aren't as productive as 73 00:04:38,839 --> 00:04:42,880 Speaker 1: non pregnant workers. And it's not just their productivity while 74 00:04:43,040 --> 00:04:47,200 Speaker 1: they're pregnant, it's all the things that pregnancy foreshadows. What 75 00:04:47,360 --> 00:04:51,080 Speaker 1: happens after a woman gives birth, she'll probably need to 76 00:04:51,080 --> 00:04:54,760 Speaker 1: take some time off. In America, it will probably be unpaid, 77 00:04:54,800 --> 00:04:58,680 Speaker 1: but even that's costly for employers. They may have to 78 00:04:58,720 --> 00:05:02,640 Speaker 1: find a replacement or forego that person's work for some time. 79 00:05:03,560 --> 00:05:07,080 Speaker 1: And then there's this anxiety that pregnant women have, will 80 00:05:07,200 --> 00:05:11,880 Speaker 1: they be as valuable as before. After all, they'll effectively 81 00:05:11,920 --> 00:05:15,520 Speaker 1: be working two jobs. It would be a lot easier 82 00:05:15,560 --> 00:05:18,000 Speaker 1: for employers if they didn't have to deal with pregnant 83 00:05:18,040 --> 00:05:21,320 Speaker 1: women at all. In fact, women have told us that 84 00:05:21,360 --> 00:05:24,440 Speaker 1: they've been asked in job interviews if and when they 85 00:05:24,520 --> 00:05:28,400 Speaker 1: plan to have kids, because even the hint of pregnancy 86 00:05:28,560 --> 00:05:32,680 Speaker 1: can scare employers and managers away from promoting or hiring 87 00:05:32,680 --> 00:05:37,280 Speaker 1: women around an age where they might get pregnant, and 88 00:05:37,360 --> 00:05:42,160 Speaker 1: thus the motherhood penalty begins. Women like Nikki lose out 89 00:05:42,160 --> 00:05:46,000 Speaker 1: on better paying jobs, Others are sidelined from big projects 90 00:05:46,040 --> 00:05:49,120 Speaker 1: that could lead to raises and promotions, and some are 91 00:05:49,160 --> 00:05:52,680 Speaker 1: pushed out of work altogether. But there are laws that 92 00:05:52,720 --> 00:05:56,200 Speaker 1: are supposed to protect pregnant women from this kind of discrimination. 93 00:05:57,080 --> 00:05:59,159 Speaker 1: I brought in my colleague Claire Stith to tell me 94 00:05:59,160 --> 00:06:02,040 Speaker 1: about those laws and how they did or didn't work 95 00:06:02,160 --> 00:06:06,800 Speaker 1: in Nikki's case. High Claire, Hey, Becca, So let's start 96 00:06:06,839 --> 00:06:10,320 Speaker 1: with the basics. Isn't it illegal to not hire someone 97 00:06:10,680 --> 00:06:15,080 Speaker 1: just because they're pregnant. Yes, that is illegal, or rather 98 00:06:15,760 --> 00:06:18,960 Speaker 1: that's what the law says now, but it didn't always 99 00:06:18,960 --> 00:06:22,039 Speaker 1: say that. Let me back up a bit. The main 100 00:06:22,160 --> 00:06:25,000 Speaker 1: law that outlawed sex discrimination at work was the Civil 101 00:06:25,120 --> 00:06:30,120 Speaker 1: Rights Act, which President Lyndon Johnson passed in We believe 102 00:06:30,240 --> 00:06:35,720 Speaker 1: that all men have certain unalienable rights, yet many of 103 00:06:35,800 --> 00:06:40,760 Speaker 1: my Oakans do not enjoy those rights. So the part 104 00:06:40,760 --> 00:06:43,760 Speaker 1: of the Act that's relevant here is Title seven. It 105 00:06:43,880 --> 00:06:47,680 Speaker 1: specifically says employees can't be fired or you can't refuse 106 00:06:47,720 --> 00:06:50,720 Speaker 1: to hire them, or demote them, or treat them differently 107 00:06:51,240 --> 00:06:56,960 Speaker 1: just because of their race, religion, color, national origin, and sex. Okay, 108 00:06:56,960 --> 00:06:59,960 Speaker 1: So if you can't discriminate based on sex, wouldn't pregnancy 109 00:07:00,040 --> 00:07:03,720 Speaker 1: discrimination fall under that category. It really wasn't clear at 110 00:07:03,720 --> 00:07:06,880 Speaker 1: the time. As we talked about last season, the Civil 111 00:07:07,000 --> 00:07:10,600 Speaker 1: Rights Act was mainly about solving racial discrimination. The words 112 00:07:10,600 --> 00:07:13,360 Speaker 1: sex got added in at the last minute, and because 113 00:07:13,360 --> 00:07:16,160 Speaker 1: it was an afterthought, the law didn't really establish what 114 00:07:16,200 --> 00:07:19,720 Speaker 1: sex discrimination meant, and it certainly didn't address the issue 115 00:07:19,760 --> 00:07:23,800 Speaker 1: of pregnancy. What legal protections did pregnant women have at 116 00:07:23,840 --> 00:07:27,320 Speaker 1: the time. Well, the attitude at the time was that 117 00:07:27,360 --> 00:07:30,440 Speaker 1: when a woman gets pregnant, she's no longer fit to work. 118 00:07:31,080 --> 00:07:33,080 Speaker 1: It was normal for women to be forced to go 119 00:07:33,120 --> 00:07:36,040 Speaker 1: on leaves of absences and just not get their jobs 120 00:07:36,040 --> 00:07:39,560 Speaker 1: back after they had kids. A woman's main role after 121 00:07:39,640 --> 00:07:42,880 Speaker 1: she got pregnant was to basically be pregnant and then 122 00:07:42,920 --> 00:07:46,640 Speaker 1: a mom, So women were frequently pushed out of paid 123 00:07:46,720 --> 00:07:49,679 Speaker 1: jobs they had to rely on someone else for money 124 00:07:49,720 --> 00:07:53,360 Speaker 1: to live. To be clear, this wasn't the case for 125 00:07:53,480 --> 00:08:00,160 Speaker 1: every job or every person. Like domestic workers, agricultural workers, 126 00:08:00,640 --> 00:08:04,160 Speaker 1: jobs often held by black women, they didn't have these restrictions. 127 00:08:04,800 --> 00:08:08,440 Speaker 1: They were expected to keep working through their pregnancies and after, 128 00:08:09,160 --> 00:08:14,400 Speaker 1: but many jobs still viewed working in motherhood is incompatible. Okay, 129 00:08:14,480 --> 00:08:16,600 Speaker 1: but then the Civil Rights Act comes along and you 130 00:08:16,760 --> 00:08:19,960 Speaker 1: think employers shouldn't be able to force a woman out 131 00:08:20,000 --> 00:08:26,280 Speaker 1: of a job just because she's pregnant. Isn't that sex discrimination? Yeah, 132 00:08:26,400 --> 00:08:29,640 Speaker 1: but the question was, how do you argue that in court. 133 00:08:30,240 --> 00:08:33,280 Speaker 1: At the time, feminist legal scholars and attorneys were focused 134 00:08:33,280 --> 00:08:36,680 Speaker 1: on getting companies to treat women equally, pay them the same, 135 00:08:37,000 --> 00:08:39,240 Speaker 1: promote them, you know, treat them the same as you 136 00:08:39,240 --> 00:08:41,960 Speaker 1: would a man. But pregnancy kind of throws a rent 137 00:08:42,000 --> 00:08:44,880 Speaker 1: in that. Idea to argue for pregnancy rights is to 138 00:08:45,000 --> 00:08:49,320 Speaker 1: essentially remind the court that, oh wait, women really are different. 139 00:08:49,920 --> 00:08:53,640 Speaker 1: It's this biological function that's fundamentally what sets women apart 140 00:08:53,640 --> 00:08:56,200 Speaker 1: from men. Yeah, and I can see how that would 141 00:08:56,240 --> 00:08:59,520 Speaker 1: be complicated because, in a way, pointing out how pregnant 142 00:08:59,559 --> 00:09:02,600 Speaker 1: women are different could play into the idea that women 143 00:09:02,640 --> 00:09:06,120 Speaker 1: shouldn't work at all. Well, they had this debate. They said, 144 00:09:06,400 --> 00:09:08,600 Speaker 1: if our main goal is to ensure that women are 145 00:09:08,720 --> 00:09:11,680 Speaker 1: treated equally to men in all respects, how do we 146 00:09:11,720 --> 00:09:16,160 Speaker 1: push for things like maternity leave, pregnancy accommodations, etcetera That 147 00:09:16,200 --> 00:09:19,160 Speaker 1: would require us to argue that sometimes women are different. 148 00:09:19,559 --> 00:09:23,920 Speaker 1: The idea that they eventually hit on was essentially to say, yeah, okay, 149 00:09:23,960 --> 00:09:26,400 Speaker 1: so women are the only ones who get pregnant, but 150 00:09:26,559 --> 00:09:29,720 Speaker 1: male workers do get sick or hurt or need special 151 00:09:29,760 --> 00:09:33,480 Speaker 1: accommodations too, and when they do, they're often able to 152 00:09:33,520 --> 00:09:37,200 Speaker 1: go on temporary disability. So we should treat pregnancy like 153 00:09:37,240 --> 00:09:40,719 Speaker 1: any other temporary disability and get pregnant women the same 154 00:09:40,800 --> 00:09:44,720 Speaker 1: kind of benefits. This argument allowed attorneys to challenge the 155 00:09:44,720 --> 00:09:48,880 Speaker 1: stereotype that all pregnant women should not work, while allowing 156 00:09:49,000 --> 00:09:53,000 Speaker 1: some pregnant women who maybe had medical complications to get 157 00:09:53,000 --> 00:09:56,520 Speaker 1: the accommodations they needed without getting pushed out of their jobs. 158 00:09:56,880 --> 00:09:59,839 Speaker 1: Here's how Debora Dinner, a llegal historian, and Emery You 159 00:10:00,040 --> 00:10:04,280 Speaker 1: University explained it to me, analogizing between pregnancy and temporary 160 00:10:04,360 --> 00:10:10,520 Speaker 1: disability would force employers to conduct an individual evaluation of 161 00:10:11,200 --> 00:10:14,560 Speaker 1: any pregnant woman's capacity to do her job. So instead 162 00:10:14,559 --> 00:10:17,280 Speaker 1: of treating pregnant women a certain way as a class 163 00:10:17,280 --> 00:10:20,000 Speaker 1: and saying they are or they aren't able to do 164 00:10:20,080 --> 00:10:22,520 Speaker 1: their job, you'd say can they do their job? In 165 00:10:22,559 --> 00:10:24,800 Speaker 1: the same way you would evaluate if someone had a 166 00:10:24,840 --> 00:10:27,960 Speaker 1: sprained ankle whether they could do their job. And the 167 00:10:28,040 --> 00:10:30,920 Speaker 1: landmark case that used this tactic was a lawsuit filed 168 00:10:30,920 --> 00:10:34,240 Speaker 1: by women working at General Electric. They weren't included in 169 00:10:34,280 --> 00:10:37,640 Speaker 1: the company short term disability coverage plan. The case went 170 00:10:37,720 --> 00:10:40,240 Speaker 1: all the way to the Supreme Court, and the Supreme 171 00:10:40,240 --> 00:10:43,240 Speaker 1: Court ruled the Title seven of the Civil Rights Act 172 00:10:43,679 --> 00:10:46,679 Speaker 1: didn't cover pregnant women. That meant that if you were 173 00:10:46,720 --> 00:10:49,920 Speaker 1: a woman who worked at GE and you broke your leg, 174 00:10:50,240 --> 00:10:52,680 Speaker 1: you would get paid time off. But if you got 175 00:10:52,679 --> 00:10:56,480 Speaker 1: pregnant any time you took if they let you take time, 176 00:10:56,679 --> 00:11:00,000 Speaker 1: you'd get nothing. Wow. So how did the Supreme Court 177 00:11:00,240 --> 00:11:03,520 Speaker 1: justify that decision? I asked Debra to explain that to me. 178 00:11:04,000 --> 00:11:07,080 Speaker 1: The courts drew this very formalist distinction, And they said 179 00:11:07,120 --> 00:11:12,440 Speaker 1: that the distinction between pregnant and non pregnant persons is 180 00:11:12,480 --> 00:11:15,439 Speaker 1: not the same thing as a distinction between males and females, 181 00:11:15,720 --> 00:11:19,040 Speaker 1: because in the category nonpregnant persons you have both women 182 00:11:19,080 --> 00:11:23,679 Speaker 1: and men. Here's Justice William Wrinklist and sense respondents did 183 00:11:23,720 --> 00:11:27,800 Speaker 1: not otherwise show that the exclusion of pregnancy related disabilities 184 00:11:27,880 --> 00:11:31,120 Speaker 1: had a disproportionate effect on one sex as compared with 185 00:11:31,160 --> 00:11:34,800 Speaker 1: the other. We conclude that respondents are not entitled to 186 00:11:34,880 --> 00:11:39,319 Speaker 1: the relief they see. So the Court said this was okay, 187 00:11:39,360 --> 00:11:45,120 Speaker 1: because it isn't discriminating against women but just pregnant women. 188 00:11:45,480 --> 00:11:48,480 Speaker 1: You have to do a lot of mental gymnastics to 189 00:11:48,800 --> 00:11:51,960 Speaker 1: make that logic work. Yeah, and a lot of people 190 00:11:52,000 --> 00:11:55,800 Speaker 1: agreed with you, including Congress. Fairly quickly they start holding 191 00:11:55,840 --> 00:11:59,600 Speaker 1: hearings on the issue, and by they passed the Pregnancy 192 00:11:59,640 --> 00:12:02,720 Speaker 1: discrimin Nation Act that basically thumbs its knows at the 193 00:12:02,720 --> 00:12:08,600 Speaker 1: Supreme Court and says, actually, pregnancy discrimination counts a sex discrimination. Now. 194 00:12:08,600 --> 00:12:10,640 Speaker 1: All the stuff in the Civil Rights Act about how 195 00:12:10,679 --> 00:12:13,360 Speaker 1: you can't fire someone or refuse to hire someone just 196 00:12:13,440 --> 00:12:16,320 Speaker 1: because they're a woman, that now also applies to women 197 00:12:16,320 --> 00:12:19,199 Speaker 1: who are pregnant. It also says that pregnant women need 198 00:12:19,280 --> 00:12:22,439 Speaker 1: to be included in any employee benefit plans. So this 199 00:12:22,600 --> 00:12:28,080 Speaker 1: law didn't solve pregnancy discrimination, right Why not? Well, it 200 00:12:28,120 --> 00:12:30,320 Speaker 1: just says that a pregnant employee has to be treated 201 00:12:30,360 --> 00:12:33,520 Speaker 1: the same as other employees. So it really only works 202 00:12:33,520 --> 00:12:36,760 Speaker 1: if a company offers temporary disability or other types of 203 00:12:36,800 --> 00:12:40,800 Speaker 1: accommodations in the first place. Like remember that UPS case 204 00:12:40,840 --> 00:12:42,560 Speaker 1: that went to the Supreme Court a few years ago. 205 00:12:43,040 --> 00:12:46,400 Speaker 1: It involved this woman, Peggy Young. If Peggy Young had 206 00:12:46,440 --> 00:12:49,560 Speaker 1: sought an accommodation for a twenty pound lifting restriction that 207 00:12:49,640 --> 00:12:52,880 Speaker 1: resulted from any number of conditions, whether required on or 208 00:12:53,000 --> 00:12:56,760 Speaker 1: off the job, UPS would have granted that accommodation. But 209 00:12:56,880 --> 00:13:00,679 Speaker 1: because Peggy Young's twenty pound lifting restriction resulted from pregnancy, 210 00:13:01,040 --> 00:13:04,559 Speaker 1: UPS rejected her request. She was a UPS employee who 211 00:13:04,640 --> 00:13:08,000 Speaker 1: was denied disability accommodations when she was pregnant, like not 212 00:13:08,080 --> 00:13:11,480 Speaker 1: lifting heavy boxes, that sort of thing, even though UPS 213 00:13:11,520 --> 00:13:14,920 Speaker 1: granted them to workers with other health problems like heart conditions. 214 00:13:14,960 --> 00:13:18,520 Speaker 1: Because of the Pregnancy Discrimination Act, she won. So it 215 00:13:18,559 --> 00:13:21,319 Speaker 1: sounds like the law is really useful for pregnant women 216 00:13:21,400 --> 00:13:25,280 Speaker 1: who need accommodations and want to keep their jobs. It is, 217 00:13:25,960 --> 00:13:28,000 Speaker 1: and a lot of women who would otherwise lose their 218 00:13:28,080 --> 00:13:31,200 Speaker 1: jobs or their income, it keeps them employed and earning money. 219 00:13:32,080 --> 00:13:35,240 Speaker 1: But it's an imperfect solution because when you get down 220 00:13:35,240 --> 00:13:38,080 Speaker 1: to it, pregnancy is different from these other kinds of 221 00:13:38,120 --> 00:13:42,000 Speaker 1: disabilities we're talking about. Like, when you're quote unquote done 222 00:13:42,040 --> 00:13:45,720 Speaker 1: with being pregnant, your physical experience isn't just, you know, 223 00:13:46,080 --> 00:13:49,440 Speaker 1: miraculously back to what it was before. And the reality 224 00:13:49,559 --> 00:13:52,840 Speaker 1: is that a lot of pregnancy discrimination why women don't 225 00:13:52,880 --> 00:13:55,240 Speaker 1: get hired or would they do get pushed out or 226 00:13:55,240 --> 00:13:58,440 Speaker 1: even treated differently at work. It isn't about women actually 227 00:13:58,480 --> 00:14:02,480 Speaker 1: being physically pregnant. It's often about what companies think will 228 00:14:02,520 --> 00:14:05,880 Speaker 1: happen after they have that baby. Right, Like, Nikki wasn't 229 00:14:05,920 --> 00:14:10,080 Speaker 1: asking for accommodations while she was pregnant. Right, her case 230 00:14:10,200 --> 00:14:12,559 Speaker 1: is different from what we've been talking about. Nikki is 231 00:14:12,600 --> 00:14:15,640 Speaker 1: not being treated differently from men at the orthodontist office 232 00:14:15,640 --> 00:14:19,840 Speaker 1: who have temporary health conditions because hiring someone and having 233 00:14:19,880 --> 00:14:23,640 Speaker 1: them take time off work it's inconvenient. It would be 234 00:14:23,680 --> 00:14:27,040 Speaker 1: easier for the orthodontist if they hired someone who didn't 235 00:14:27,040 --> 00:14:29,600 Speaker 1: have to do that, okay, but you still can't discriminate 236 00:14:29,640 --> 00:14:32,680 Speaker 1: against a pregnant person just because it costs you more money. 237 00:14:32,720 --> 00:14:36,080 Speaker 1: Like there's no special clause saying if this is going 238 00:14:36,120 --> 00:14:39,960 Speaker 1: to be expensive for you, yeah, Like, okay, go ahead discriminate, right, 239 00:14:40,200 --> 00:14:43,560 Speaker 1: I mean, in fact, Justice Stephen Brier said exactly that 240 00:14:43,600 --> 00:14:47,000 Speaker 1: in his opinion in the UPS case, the employer can 241 00:14:47,040 --> 00:14:50,360 Speaker 1: try to justify its refusal by relying on a legitimate, 242 00:14:50,440 --> 00:14:55,200 Speaker 1: non discriminatory reason for not accommodating her. But those reasons 243 00:14:55,240 --> 00:14:59,360 Speaker 1: cannot or nearly consist of acclaim it's more expensive or 244 00:14:59,400 --> 00:15:02,160 Speaker 1: less convened need to add pregnant women to the categories 245 00:15:02,160 --> 00:15:06,320 Speaker 1: of those accommodated. That isn't good enough. Proving that, especially 246 00:15:06,320 --> 00:15:09,480 Speaker 1: in a hiring decision, when a company can cite any 247 00:15:09,560 --> 00:15:13,000 Speaker 1: number of reasons that you weren't a good fit, is 248 00:15:13,120 --> 00:15:16,600 Speaker 1: really hard. Nikki's case is the perfect example of that. 249 00:15:17,280 --> 00:15:20,400 Speaker 1: She had evidence that seemed to show that the doctor, 250 00:15:20,920 --> 00:15:24,440 Speaker 1: in making her hiring decision, was focused on the fact 251 00:15:24,680 --> 00:15:28,600 Speaker 1: that she was pregnant. I mean, the voicemails. I'm wondering 252 00:15:28,600 --> 00:15:30,720 Speaker 1: why you didn't tell me when I interviewed you and 253 00:15:31,440 --> 00:15:34,000 Speaker 1: you were pregnant. You just can't figure that piece out. 254 00:15:34,400 --> 00:15:37,360 Speaker 1: Why you wouldn't tell me that if you didn't hear that. 255 00:15:38,000 --> 00:15:41,880 Speaker 1: The doctor asked Nikki why she didn't mention her pregnancy 256 00:15:42,120 --> 00:15:44,800 Speaker 1: during the job interview. To me, that does make it 257 00:15:44,840 --> 00:15:48,000 Speaker 1: seem like she wanted that information to base her hiring 258 00:15:48,040 --> 00:15:50,960 Speaker 1: decision off of the fact that Nikki was pregnant, which 259 00:15:50,960 --> 00:15:53,560 Speaker 1: the courts say you can't do. But in court, the 260 00:15:53,600 --> 00:15:56,360 Speaker 1: doctor said she actually had a different reason for not 261 00:15:56,440 --> 00:16:00,080 Speaker 1: hiring Nikki. After Nikki got that first voicemail with the 262 00:16:00,200 --> 00:16:03,880 Speaker 1: job offer, she called back and accepted. That's when she 263 00:16:03,960 --> 00:16:07,200 Speaker 1: told the doctor she was pregnant, and in that conversation 264 00:16:07,840 --> 00:16:11,320 Speaker 1: they talked about maternity leave. The doctor asked how much 265 00:16:11,360 --> 00:16:14,200 Speaker 1: time she'd want to take. Nikki said she'd taken twelve 266 00:16:14,280 --> 00:16:17,600 Speaker 1: weeks at her last job, unpaid. The doctor said she'd 267 00:16:17,600 --> 00:16:21,680 Speaker 1: typically only given six weeks, also unpaid. Nikki said she'd 268 00:16:21,680 --> 00:16:24,160 Speaker 1: be open to taking less time, and they ended the 269 00:16:24,200 --> 00:16:27,480 Speaker 1: call without making a real decision on how much maternity 270 00:16:27,560 --> 00:16:30,240 Speaker 1: leaves she would take. But Nikky thought she had a job, 271 00:16:30,560 --> 00:16:34,120 Speaker 1: which is why in that second voicemail where the doctor 272 00:16:34,160 --> 00:16:37,800 Speaker 1: took back the job, it surprised her there was no 273 00:16:38,280 --> 00:16:42,120 Speaker 1: time in any point where I was toldly, this is 274 00:16:42,160 --> 00:16:45,600 Speaker 1: what my office does, this is what I can offer, 275 00:16:46,600 --> 00:16:49,520 Speaker 1: and you know, if that's something that you can do, 276 00:16:50,040 --> 00:16:53,600 Speaker 1: we'd still love to have you or no. Ultimately, the 277 00:16:53,600 --> 00:16:55,920 Speaker 1: court said that even though it wasn't a clear cut 278 00:16:56,160 --> 00:16:58,680 Speaker 1: take it or leave it discussion, the fact that the 279 00:16:58,720 --> 00:17:01,840 Speaker 1: doctor mentioned six weeks and Nikki said she wanted twelve 280 00:17:01,960 --> 00:17:04,639 Speaker 1: but could maybe take ten, that was enough to decide 281 00:17:04,640 --> 00:17:07,720 Speaker 1: the job was rescinded because NICKI wanted more leave. At 282 00:17:07,720 --> 00:17:09,560 Speaker 1: this point, I think we need to say that none 283 00:17:09,560 --> 00:17:12,359 Speaker 1: of this leave would have been paid or government mandated, 284 00:17:12,600 --> 00:17:15,639 Speaker 1: because the US has no paid leave laws on the 285 00:17:15,680 --> 00:17:19,560 Speaker 1: books right as a new employee working for a small company. 286 00:17:19,600 --> 00:17:22,760 Speaker 1: What unpaid leave laws do exist, they wouldn't even apply 287 00:17:22,920 --> 00:17:26,720 Speaker 1: to Nikki, or for that matter, anyone who needed medical leave. 288 00:17:27,359 --> 00:17:30,280 Speaker 1: The Family Medical Leave Act, for example, only applies to 289 00:17:30,320 --> 00:17:33,120 Speaker 1: companies with more than fifty employees, and it doesn't even 290 00:17:33,240 --> 00:17:36,120 Speaker 1: kick in until after you've worked full time for a year. 291 00:17:36,760 --> 00:17:40,000 Speaker 1: So basically, offering her any amount of unpaid leave was 292 00:17:40,040 --> 00:17:42,920 Speaker 1: a benefit. So she was able to frame the discussion 293 00:17:42,960 --> 00:17:46,959 Speaker 1: about leave as a disagreement over benefits rather than something 294 00:17:47,000 --> 00:17:50,720 Speaker 1: that was inherently tied up to Nikki's pregnancy, and if 295 00:17:50,760 --> 00:17:53,240 Speaker 1: you think about it, this is the problem with treating 296 00:17:53,240 --> 00:17:56,119 Speaker 1: pregnancy like a short term disability and not what it 297 00:17:56,240 --> 00:18:00,200 Speaker 1: is the beginning of motherhood. This discussion about leave only 298 00:18:00,200 --> 00:18:04,760 Speaker 1: happened because Nikki was pregnant. The employer's anxieties about hiring 299 00:18:04,760 --> 00:18:07,680 Speaker 1: her were because of her pregnancy and what would happen 300 00:18:07,720 --> 00:18:10,879 Speaker 1: after she had the baby. So Nikki's out of a 301 00:18:10,960 --> 00:18:23,760 Speaker 1: job because she was pregnant. Nikki's story is about what 302 00:18:23,840 --> 00:18:27,360 Speaker 1: happens to pregnant women's careers and earnings when companies don't 303 00:18:27,400 --> 00:18:32,400 Speaker 1: want to accommodate their needs because it will be expensive inconvenient. 304 00:18:33,040 --> 00:18:36,440 Speaker 1: But what about pregnant women who don't need accommodations, who 305 00:18:36,720 --> 00:18:39,800 Speaker 1: just want to show up and work. Those women can 306 00:18:39,840 --> 00:18:44,240 Speaker 1: face a different type of discrimination. Employers often have these 307 00:18:44,280 --> 00:18:47,760 Speaker 1: preconceptions about the kind of worker a pregnant woman is 308 00:18:48,119 --> 00:18:51,320 Speaker 1: or will be. Can someone who is pregnant really handle 309 00:18:51,480 --> 00:18:54,840 Speaker 1: the big project? Why give a pregnant woman a promotion 310 00:18:55,000 --> 00:18:57,399 Speaker 1: or more responsibilities if she's just going to go on 311 00:18:57,520 --> 00:19:01,600 Speaker 1: leave soon. Maybe someone without kids is better suited for 312 00:19:01,640 --> 00:19:05,359 Speaker 1: the job. These lights they can be subconscious and subtle, 313 00:19:05,760 --> 00:19:09,359 Speaker 1: or they can be overt, but attitudes like these sideline 314 00:19:09,359 --> 00:19:13,399 Speaker 1: women's careers and stunt their earnings even before they have kids. 315 00:19:15,080 --> 00:19:18,280 Speaker 1: Brittany Noble Jones was working as a TV anchor until 316 00:19:18,359 --> 00:19:21,600 Speaker 1: she was fired in I was really trying to prove 317 00:19:21,640 --> 00:19:24,399 Speaker 1: myself in the newsroom. That's a part of the story 318 00:19:24,480 --> 00:19:27,000 Speaker 1: that you know, I forget. You know, you're learning how 319 00:19:27,040 --> 00:19:31,919 Speaker 1: to balance your professional life. When she got pregnant, she 320 00:19:32,040 --> 00:19:34,280 Speaker 1: had no plans to slow down at work at all, 321 00:19:34,960 --> 00:19:38,960 Speaker 1: but her employer had a different idea. Jordan Holman reports 322 00:19:40,000 --> 00:19:43,119 Speaker 1: when Brittany Noble Jones got pregnant with her first child, 323 00:19:43,320 --> 00:19:46,880 Speaker 1: she had recently landed her dream job as a TV anchor. 324 00:19:47,200 --> 00:19:49,399 Speaker 1: Good Morning, Welcome to w j t D twelve. I 325 00:19:49,440 --> 00:19:52,400 Speaker 1: am Brittany Noble Jones. After years of working her way 326 00:19:52,480 --> 00:19:56,919 Speaker 1: up in newsrooms, first as an overnight studio camera operator 327 00:19:57,440 --> 00:19:59,920 Speaker 1: and then as a reporter in the field, she was 328 00:20:00,040 --> 00:20:02,640 Speaker 1: now one of the faces of the local CBS affiliate 329 00:20:02,720 --> 00:20:05,919 Speaker 1: in Jackson, Mississippi. She had taken the job as an 330 00:20:05,920 --> 00:20:09,600 Speaker 1: anchor know when she had wanted a family, because working 331 00:20:09,640 --> 00:20:12,920 Speaker 1: as an anchor had more predictable hours, a rare thing 332 00:20:12,960 --> 00:20:18,439 Speaker 1: in TV news. I always imagined being a mom on TV. 333 00:20:18,760 --> 00:20:21,760 Speaker 1: But I did not want to be a reporter in 334 00:20:21,800 --> 00:20:25,080 Speaker 1: the field. I didn't want to be, you know, doing 335 00:20:25,119 --> 00:20:28,440 Speaker 1: the five pm news and the six pm news live 336 00:20:28,760 --> 00:20:31,960 Speaker 1: anywhere and you don't know what time you're gonna get 337 00:20:31,960 --> 00:20:34,760 Speaker 1: back home. I really just wanted to be an anchor, 338 00:20:34,800 --> 00:20:38,159 Speaker 1: and I thought that would provide me the opportunity, you 339 00:20:38,200 --> 00:20:41,000 Speaker 1: know that to balance it all. From the beginning, being 340 00:20:41,040 --> 00:20:43,600 Speaker 1: pregnant on the job was rough. Brittany had to sit 341 00:20:43,640 --> 00:20:46,160 Speaker 1: for hours without a bathroom break, and she felt ill 342 00:20:46,240 --> 00:20:49,640 Speaker 1: from morning sickness. She didn't let any of that stop her, though. 343 00:20:50,240 --> 00:20:52,800 Speaker 1: She used the commercial breaks to throw up and then 344 00:20:52,840 --> 00:20:55,399 Speaker 1: went right back on air. All right, did you know 345 00:20:55,800 --> 00:20:57,639 Speaker 1: I have a Hawkeye fans when to start a new 346 00:20:57,720 --> 00:21:01,320 Speaker 1: tradition at the football game at their seasons. But then 347 00:21:01,480 --> 00:21:06,280 Speaker 1: things changed. Brittany started getting bigger. Eventually her pregnancy was 348 00:21:06,320 --> 00:21:10,240 Speaker 1: obvious to anyone watching. She says that around that time 349 00:21:10,359 --> 00:21:13,680 Speaker 1: her boss began to treat her differently. Brittany started to 350 00:21:13,720 --> 00:21:16,359 Speaker 1: feel like she was getting pushed out of opportunities at work. 351 00:21:17,359 --> 00:21:20,040 Speaker 1: She was planning to record a promotional clip for the station, 352 00:21:20,680 --> 00:21:23,000 Speaker 1: then she found out a coworker would do it instead. 353 00:21:23,680 --> 00:21:25,480 Speaker 1: And when she was asked to speak out of breast 354 00:21:25,520 --> 00:21:28,480 Speaker 1: cancer awareness of it, she said one of her managers 355 00:21:28,560 --> 00:21:32,400 Speaker 1: told her not to respond. Then one day that manager 356 00:21:32,440 --> 00:21:35,239 Speaker 1: pulled her aside and set out loud the thing that 357 00:21:35,280 --> 00:21:38,320 Speaker 1: she had been worried about, that she no longer looked 358 00:21:38,359 --> 00:21:41,639 Speaker 1: the way she should for the newscast. I'm the morning anchor, 359 00:21:41,760 --> 00:21:45,000 Speaker 1: so there's this look that they're looking for, right, he said. 360 00:21:45,280 --> 00:21:48,160 Speaker 1: Viewers want to see a beauty queen. Right. So I'm 361 00:21:48,240 --> 00:21:51,640 Speaker 1: pregnant now, I've gained like forty pounds on TV. It's 362 00:21:51,720 --> 00:21:54,960 Speaker 1: all in my face, like I'm it's a struggle to 363 00:21:55,080 --> 00:21:57,320 Speaker 1: just sit there like I'm supposed to be sitting for 364 00:21:58,080 --> 00:22:01,960 Speaker 1: doing a half Plus, our TV news has a pretty 365 00:22:02,000 --> 00:22:04,919 Speaker 1: old fashioned beauty standard and being thin as part of 366 00:22:04,920 --> 00:22:09,480 Speaker 1: the expectation for female anchors. Still, we have seen pregnant 367 00:22:09,480 --> 00:22:13,120 Speaker 1: women on TV news, like Katie tur and Kelly Rippa. 368 00:22:13,359 --> 00:22:16,679 Speaker 1: Katie tur even announced her pregnancy on air. I have 369 00:22:16,720 --> 00:22:20,159 Speaker 1: a baby in my belly officially, Um, I'm tired of 370 00:22:20,160 --> 00:22:23,160 Speaker 1: the tweets asking, so I'm going to announce it. So 371 00:22:23,400 --> 00:22:27,600 Speaker 1: being pregnant on air is a thing into Brittany. Becoming 372 00:22:27,640 --> 00:22:29,760 Speaker 1: a mom should have been an asset to her career. 373 00:22:30,240 --> 00:22:34,080 Speaker 1: Her audience, after all, include lots of moms. She tried 374 00:22:34,119 --> 00:22:36,720 Speaker 1: to make that case to her manager, saying she should 375 00:22:36,760 --> 00:22:40,000 Speaker 1: be doing more public appearances, not fewer. It was about 376 00:22:40,000 --> 00:22:43,600 Speaker 1: thirty four weeks pregnant, and the conversation was like do 377 00:22:43,720 --> 00:22:46,080 Speaker 1: you not notice that I'm not in any of the promos? 378 00:22:46,160 --> 00:22:48,919 Speaker 1: Like do you not know this that I'm not representing 379 00:22:48,960 --> 00:22:50,879 Speaker 1: the station at events? And he's like, oh no, I 380 00:22:50,920 --> 00:22:53,320 Speaker 1: don't notice that. It's it's not a problem. He's like, 381 00:22:53,359 --> 00:22:55,240 Speaker 1: why why should I promote you? I'm like, I'm the 382 00:22:55,280 --> 00:22:58,920 Speaker 1: target demographic, Like, I'm a female, I'm between the ages 383 00:22:58,960 --> 00:23:02,679 Speaker 1: of already for you know, whatever the target demographic you have, 384 00:23:02,800 --> 00:23:05,760 Speaker 1: I'm a mom. When Britney said viewers just see more 385 00:23:05,840 --> 00:23:09,239 Speaker 1: moms like her on TV, her manager told her she 386 00:23:09,359 --> 00:23:11,280 Speaker 1: wasn't a mom yet. What do you mean I'm thirty 387 00:23:11,320 --> 00:23:13,679 Speaker 1: or four weeks pregnant? Like, what do you mean? I 388 00:23:13,720 --> 00:23:16,960 Speaker 1: am not a mom? Prittney felt like this whole argument 389 00:23:17,000 --> 00:23:19,360 Speaker 1: with her boss about whether or not mom should want 390 00:23:19,400 --> 00:23:21,760 Speaker 1: to watch her on TV was about more than just 391 00:23:21,800 --> 00:23:25,359 Speaker 1: her pregnancy. She felt there was something he wasn't saying. 392 00:23:26,119 --> 00:23:28,960 Speaker 1: Brittney is black and she felt like her boss didn't 393 00:23:29,000 --> 00:23:32,479 Speaker 1: see her as someone white viewers would relate to. I 394 00:23:32,480 --> 00:23:36,560 Speaker 1: think it really comes down to who they wanted the 395 00:23:36,680 --> 00:23:39,399 Speaker 1: viewers to be, and I don't think that they saw 396 00:23:39,600 --> 00:23:44,680 Speaker 1: me a black woman. You know, that's a mom. That's 397 00:23:44,720 --> 00:23:47,159 Speaker 1: their target demographic. Even though I'm the morning anchor, I 398 00:23:47,160 --> 00:23:50,639 Speaker 1: don't know that I really was the target demographic for 399 00:23:50,640 --> 00:23:53,119 Speaker 1: for their viewership, of who they wanted their viewership to be. 400 00:23:53,720 --> 00:23:57,360 Speaker 1: And it was clear every day when we would pitch 401 00:23:57,400 --> 00:24:03,639 Speaker 1: stories about race. Jack's, Mississippi's population is more than eight black, 402 00:24:04,119 --> 00:24:07,520 Speaker 1: and more women than men watched local TV news in 403 00:24:07,560 --> 00:24:11,960 Speaker 1: the US, So Brittany did reflect the potential viewers in Jackson, 404 00:24:12,400 --> 00:24:16,080 Speaker 1: even if, as she says, her boss didn't agree. This 405 00:24:16,160 --> 00:24:19,240 Speaker 1: tension wasn't new to Brittany. Brittany thinks her boss viewed 406 00:24:19,280 --> 00:24:22,720 Speaker 1: her as a problem even before she got pregnant, because 407 00:24:22,760 --> 00:24:25,879 Speaker 1: she wanted to cover the black community. She had arrived 408 00:24:25,880 --> 00:24:29,119 Speaker 1: in Jackson with the track record of covering race. She 409 00:24:29,240 --> 00:24:31,560 Speaker 1: was a reporter in St. Louis, and she made her 410 00:24:31,640 --> 00:24:34,040 Speaker 1: name by being one of the first reporters on the 411 00:24:34,040 --> 00:24:38,040 Speaker 1: scene covering the shooting of Michael Brown and Ferguson Missouri 412 00:24:38,480 --> 00:24:41,280 Speaker 1: just went on camera. He just said that the officer 413 00:24:41,480 --> 00:24:44,200 Speaker 1: involved in the shooting was not aware that Mike Brown 414 00:24:44,280 --> 00:24:47,439 Speaker 1: was a potential suft FORCEIX AM. This morning, we're learning 415 00:24:47,480 --> 00:24:50,720 Speaker 1: that police departments across the nation are bracing for a 416 00:24:50,840 --> 00:24:54,760 Speaker 1: large Pinmont forty. We just found out just minutes ago. 417 00:24:55,080 --> 00:24:57,400 Speaker 1: Hopefully there will be new details in Mike Brown case. 418 00:24:57,520 --> 00:25:00,359 Speaker 1: I will keep you updated. She followed the story for 419 00:25:00,480 --> 00:25:04,119 Speaker 1: Moms and One Awards for her coverage. Brittany wanted to 420 00:25:04,200 --> 00:25:06,840 Speaker 1: keep covering those stories about race in the black community 421 00:25:06,880 --> 00:25:09,920 Speaker 1: at her new job. That kind of coverage was part 422 00:25:10,000 --> 00:25:12,520 Speaker 1: of the reason she was hired, but she had trouble 423 00:25:12,560 --> 00:25:15,920 Speaker 1: getting those stories made. She pitched a story about black 424 00:25:15,960 --> 00:25:19,679 Speaker 1: fraternities and sororities in the community, but it was rejected. 425 00:25:20,280 --> 00:25:22,159 Speaker 1: She wanted to do a story on the lack of 426 00:25:22,240 --> 00:25:26,840 Speaker 1: state support for historically black colleges and universities. That also 427 00:25:26,920 --> 00:25:29,880 Speaker 1: didn't get the green light. So Brittany was already at 428 00:25:29,880 --> 00:25:33,080 Speaker 1: odds with her bosses, and then she got pregnant was 429 00:25:33,160 --> 00:25:36,400 Speaker 1: led to more friction. She got to do some pieces 430 00:25:36,440 --> 00:25:39,040 Speaker 1: she cared about, but a lot of her other stories 431 00:25:39,080 --> 00:25:42,560 Speaker 1: sounded more like typical local news fair sounds like a 432 00:25:42,600 --> 00:25:44,760 Speaker 1: good time. Ye'd be a lot of whiskey there. Get 433 00:25:44,800 --> 00:25:49,160 Speaker 1: a pair of ticket lawmakers in Washington, d C. Decided 434 00:25:49,200 --> 00:25:52,399 Speaker 1: to have a snowball fight after a fourth no easter 435 00:25:52,520 --> 00:25:55,680 Speaker 1: hits whole Mississippi weather. That's gonna be a great weekend. 436 00:25:56,240 --> 00:26:00,119 Speaker 1: Credentials really, you know, was one of the reasons why 437 00:26:00,119 --> 00:26:03,000 Speaker 1: considered me for the job. But I don't think they 438 00:26:03,080 --> 00:26:06,240 Speaker 1: took into account the type of reporter that I had become. 439 00:26:06,640 --> 00:26:11,480 Speaker 1: Now the way that I'm reporting has changed. I'm digging 440 00:26:11,520 --> 00:26:16,560 Speaker 1: deeper into topics. I'm investigating things that people really aren't 441 00:26:16,560 --> 00:26:20,639 Speaker 1: talking about yet. And we're in Mississippi. Mississippi is a 442 00:26:20,680 --> 00:26:23,760 Speaker 1: black and white state. Still, all of this caused a 443 00:26:23,840 --> 00:26:28,040 Speaker 1: lot of stress for Brittany, arguments with management, getting pushed 444 00:26:28,040 --> 00:26:31,919 Speaker 1: aside for opportunities, being anxious about how she looked, not 445 00:26:32,040 --> 00:26:34,920 Speaker 1: being able to investigate the story she felt were important. 446 00:26:35,440 --> 00:26:37,960 Speaker 1: She blames the stress in part for what happened next. 447 00:26:38,880 --> 00:26:41,320 Speaker 1: A week after a blow up with one of her bosses, 448 00:26:41,680 --> 00:26:45,760 Speaker 1: she went into labor five weeks early. Her newborn son's 449 00:26:45,840 --> 00:26:49,440 Speaker 1: lungs were underdeveloped, and he was whisked to the intensive 450 00:26:49,480 --> 00:26:52,720 Speaker 1: care unit. She didn't get to hold him right away, 451 00:26:53,359 --> 00:26:57,520 Speaker 1: so that initial bond that the mom gets with her 452 00:26:57,600 --> 00:27:01,359 Speaker 1: baby and just like you're finely here and like to 453 00:27:01,520 --> 00:27:04,560 Speaker 1: hold them and have them into lovelm. I didn't get 454 00:27:04,600 --> 00:27:08,680 Speaker 1: that when Brittany went into labor prematurely as a black 455 00:27:08,760 --> 00:27:12,720 Speaker 1: woman in Mississippi. Here's what she was up against. Black 456 00:27:12,720 --> 00:27:15,960 Speaker 1: women have worst maternal health outcomes than white women, and 457 00:27:16,119 --> 00:27:19,679 Speaker 1: research has found that stress and racism are linked to 458 00:27:19,680 --> 00:27:23,440 Speaker 1: those outcomes. Black babies have the highest infant mortality rates 459 00:27:23,480 --> 00:27:26,800 Speaker 1: among any racial group in the US. On top of that, 460 00:27:27,160 --> 00:27:31,840 Speaker 1: Mississippi has the highest infant mortality rate. It's not only 461 00:27:31,920 --> 00:27:35,680 Speaker 1: the baby that faces danger. African American women are also 462 00:27:35,840 --> 00:27:39,280 Speaker 1: three to four times more likely to die from pregnancy 463 00:27:39,320 --> 00:27:43,440 Speaker 1: related causes than white women. Brittany went back to work 464 00:27:43,560 --> 00:27:46,760 Speaker 1: seven weeks after her son was born. Even with her 465 00:27:46,800 --> 00:27:50,280 Speaker 1: new reality at home, she made herself TV ready. She 466 00:27:50,440 --> 00:27:53,320 Speaker 1: lost a lot of weight quickly. She says, she felt 467 00:27:53,359 --> 00:27:57,080 Speaker 1: the need to starve herself to fit in. One thing 468 00:27:57,119 --> 00:28:00,280 Speaker 1: she wanted to do differently, however, was her hair. As 469 00:28:00,320 --> 00:28:03,000 Speaker 1: a black woman, it takes at least two hours to 470 00:28:03,080 --> 00:28:07,280 Speaker 1: achieve the straight hair that standard for TV newscasters. At night, 471 00:28:07,440 --> 00:28:10,560 Speaker 1: she would wash deep condition, blow dry, and wrap it 472 00:28:10,680 --> 00:28:13,280 Speaker 1: before going to work. Then came the hot comb and 473 00:28:13,320 --> 00:28:16,000 Speaker 1: flat iron. She had to be at work at two 474 00:28:16,080 --> 00:28:19,600 Speaker 1: thirty am. Doing all of that had always been a lot, 475 00:28:19,960 --> 00:28:22,280 Speaker 1: but now she had a tiny infant to take care 476 00:28:22,320 --> 00:28:24,880 Speaker 1: of on top of that, so she started to wear 477 00:28:24,920 --> 00:28:27,640 Speaker 1: her hair naturally on air to save time. Her look 478 00:28:27,720 --> 00:28:30,479 Speaker 1: was tidy and feminine. She wore her hair in plaits 479 00:28:30,560 --> 00:28:34,040 Speaker 1: like a crown around her head. Soon though, a manager 480 00:28:34,119 --> 00:28:37,000 Speaker 1: said her hair was unprofessional and it was becoming a 481 00:28:37,000 --> 00:28:40,800 Speaker 1: problem for viewers. When black women wear their hair naturally, 482 00:28:41,080 --> 00:28:43,760 Speaker 1: they're often told it's just not right for the office. 483 00:28:44,600 --> 00:28:46,720 Speaker 1: There were other issues that made life hard. As a 484 00:28:46,720 --> 00:28:49,640 Speaker 1: new mom. She need a place to pump breast milk. 485 00:28:50,240 --> 00:28:52,920 Speaker 1: She was told she could use a storage closet, but 486 00:28:53,000 --> 00:28:56,560 Speaker 1: the storage closet was only unlocked during normal business hours. 487 00:28:57,200 --> 00:28:59,440 Speaker 1: But her shift basically started in the middle of the 488 00:28:59,560 --> 00:29:03,960 Speaker 1: night and she needed to pump every two hours. She 489 00:29:04,080 --> 00:29:06,400 Speaker 1: began to feel like she was losing her fight for 490 00:29:06,480 --> 00:29:12,040 Speaker 1: equal treatment. Eventually, she filed an internal complaint for discrimination 491 00:29:12,440 --> 00:29:16,040 Speaker 1: and later filed a complaint with the Equal Employment Opportunity 492 00:29:16,040 --> 00:29:21,440 Speaker 1: Commission under Title seven against her employer, Next Star Broadcasting, Inc. 493 00:29:21,800 --> 00:29:25,680 Speaker 1: Her station's parent company. A month later, Brittany was fired. 494 00:29:26,320 --> 00:29:29,400 Speaker 1: The company said it was for excessive absentee is um 495 00:29:30,040 --> 00:29:32,080 Speaker 1: She had used her sick time to take care of 496 00:29:32,080 --> 00:29:35,000 Speaker 1: her ailing grandfather, but she thinks it was because of 497 00:29:35,000 --> 00:29:37,800 Speaker 1: her complaint, so she filed the second e o C 498 00:29:38,040 --> 00:29:42,480 Speaker 1: complaint for retaliation. The e o C is investigating her claim, 499 00:29:42,880 --> 00:29:47,200 Speaker 1: but hasn't suited Next Star, and an investigation doesn't necessarily 500 00:29:47,240 --> 00:29:50,720 Speaker 1: mean they will. Next Star declined to be interviewed for 501 00:29:50,760 --> 00:29:55,200 Speaker 1: this podcast, but in January, w JTV and Next Star 502 00:29:55,640 --> 00:29:58,800 Speaker 1: released a statement after Brittany went public with her story 503 00:29:59,320 --> 00:30:02,600 Speaker 1: and set her in. Employment was terminated because she didn't 504 00:30:02,640 --> 00:30:07,960 Speaker 1: fulfill her contractual responsibilities after exhausting all available leave time. 505 00:30:08,800 --> 00:30:13,120 Speaker 1: As for Britney's allegations of discrimination, they said, we stand 506 00:30:13,120 --> 00:30:16,880 Speaker 1: by our decision to terminate miss Jones employment and vehemently 507 00:30:17,000 --> 00:30:24,320 Speaker 1: deny all other allegations. What Brittney says happened to her 508 00:30:24,560 --> 00:30:27,440 Speaker 1: is what so many pregnant women are afraid of. That 509 00:30:27,560 --> 00:30:31,320 Speaker 1: they'll be marginalized, seen as irrelevant, or even pushed out 510 00:30:31,360 --> 00:30:34,000 Speaker 1: of their jobs as soon as their colleagues find out 511 00:30:34,080 --> 00:30:37,520 Speaker 1: that they're pregnant. In all kinds of ways. Pregnant women 512 00:30:37,560 --> 00:30:41,080 Speaker 1: are regularly set messages that they don't belong in the workforce. 513 00:30:41,600 --> 00:30:45,600 Speaker 1: They're either too frail, too fat, or too expensive. And 514 00:30:45,720 --> 00:30:48,040 Speaker 1: all of this widens the pay gap, because if you're 515 00:30:48,080 --> 00:30:51,680 Speaker 1: given fewer hours to work, or taken off the promotion track, 516 00:30:52,160 --> 00:30:54,960 Speaker 1: or if you're just seen as less capable, your wages 517 00:30:55,040 --> 00:30:58,080 Speaker 1: take a hit. And this is all before a baby 518 00:30:58,280 --> 00:31:02,360 Speaker 1: even enters the picture. Because all of this anxiety about 519 00:31:02,400 --> 00:31:07,160 Speaker 1: pregnant women is an anticipation for what happens next when 520 00:31:07,160 --> 00:31:10,720 Speaker 1: women no longer have just one job. We're going to 521 00:31:10,800 --> 00:31:12,960 Speaker 1: take a look at how the unpaid work of child 522 00:31:13,040 --> 00:31:17,400 Speaker 1: raising eats into women's earnings and careers. The challenge of 523 00:31:17,520 --> 00:31:24,040 Speaker 1: finding reliable, affordable child care is a huge boulder which 524 00:31:24,360 --> 00:31:30,200 Speaker 1: firmly between women and a million opportunities out there. Thanks 525 00:31:30,240 --> 00:31:32,760 Speaker 1: for listening to the Paycheck. If you like the show, 526 00:31:32,840 --> 00:31:35,480 Speaker 1: please head on over to Apple Podcasts or wherever you 527 00:31:35,560 --> 00:31:39,560 Speaker 1: listen to our show to rate, review, and subscribe. This 528 00:31:39,640 --> 00:31:43,680 Speaker 1: episode was reported and hosted by me Rebecca Greenfield and 529 00:31:43,800 --> 00:31:47,680 Speaker 1: recorded by Jordan Holman and Claire Setteth. This episode was 530 00:31:47,800 --> 00:31:52,000 Speaker 1: edited by Francesca Levy and produced by Samantha Gatzick. We 531 00:31:52,080 --> 00:31:55,280 Speaker 1: also had production help from Jillian Goodman, Janet Paskin, and 532 00:31:55,360 --> 00:31:59,680 Speaker 1: Liz Smith. Our original music is by Leo Sidgen. Pamela 533 00:31:59,720 --> 00:32:02,320 Speaker 1: guests did the illustrations on our show page, which you 534 00:32:02,320 --> 00:32:05,800 Speaker 1: can find at bloomberg dot com. Slash the Paycheck. Francesca 535 00:32:05,880 --> 00:32:09,720 Speaker 1: Levy is Bloomberg's head of Podcasts h