Back then, teaching was the national model for discriminating against pregnant workers and getting away with it.
Sen. Elizabeth Warren’s presidential campaign is on the offensive against a report that questions a compelling piece of her origin story: her account of being pushed out of her first teaching job because she was six months pregnant.
That placed school teachers on the front lines of the fraught legal and cultural battles for better protections for working women, writes legal historian Deborah Dinner. National women’s groups took up the treatment of pregnant teachers as an organizing cause. Women’s legal advocates recruited teachers as civil rights test cases. The Supreme Court’s first pregnancy discrimination case, argued in 1973, pitted three pregnant teachers against a “five month” policy.
“When someone calls you in and says the job that you’ve been hired for for the next year is no longer yours, ‘We’re giving it to someone else,’ I think that’s being shown the door,” Warren said. “The rule was at five months you had to leave when you were pregnant. Now, if you didn’t tell anybody you were pregnant, and they didn’t know, you could fudge it and try to stay on a little bit longer,” Trudy Randall, a retired Riverdale Elementary teacher, told CBS. “But they kind of wanted you out if you were pregnant.”
Among the very first federal cases against pregnancy discrimination was brought in 1973, by a Minnesota teacher named Margo Seaman, who sued her school district for forcing her, when she was seven months pregnant, to take a semesterlong leave of absence.
At the heart of all of these legal fights and retrograde school board policies were traditional ideas about gender, Dinner writes: the notion that pregnancy, a visible sign of women’s sexual activity, wasn’t classroom-appropriate; that pregnant women couldn’t work without endangering their health and their pregnancies; and that new mothers shouldn’t work but focus on their families.
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