Priscilla Nakayima (Not real name) changed her closet in preference for oversized clothes to disguise her bulging tummy because the risks of pregnancy at work outweighed the joy of having a child.
Bits of ME
I have never lost a job because of being pregnant but I can out rightly say that I have felt insecure about my job each time I carried my babies.
The most damaging remark, my superiors ever ‘shot' at me in one of my places of occupation, was, “…right now you’re at the top of your career, but the problem with you women is, you always mess it up by getting pregnant, don’t get pregnant now…” he said.
No matter the consequences, I reiterated angrily, “Is your mother a man? Hasn’t your wife had children? While you keep impregnating your wives and having children, you want us to keep our lives on hold, I am going to get pregnant next year”, I had projected.
The following year I conceived, I can only imagine that man must be in another company tongue lashing at women employees against conceiving.
Ahead of Women’s Day (8 March), ‘is pregnancy still celebrated?’
This is a topic that dampens the heart of hundreds of women, many left to suffer silently bearing psychological scars.
When your employer becomes the invisible man who controls your marriage or your pregnancy clock!
Bits of YOU
Veteran Politician and Dokolo District Woman Member of Parliament, Cecilia Ogwal reminisced of the years 1973-74 when her pregnancy cost her a job.
“I was denied a job in Uganda Development Corporation (UDC) because I was pregnant and therefore considered a ‘disabled person', not capable to run the organization”, Ogwal revealed.
50 years later, while to some extent women are not discriminated against because of existing pieces of legislation Ogwal noted the several pregnant women suffer silently within workplaces because employers don’t do it openly.
“Don’t get pregnant” is a silent unwritten rule in many work places.
Top employers down to the hierarchy of supervisor, signal this warning to women employees as a red button for either a ‘dismissal or sidelined from strategic places or assignments”
Ssekanjako Abubaker of Lukwago and Company Advocates said he had handled a couple of such cases at the Labour court where pregnant women have either been sidelined or terminated because they’re pregnant.
"One of our pregnant client had been given heavy duty work on top of her original contract duties so that her employer disables her performance indicators and finally terminates her on that basis,” Ssekanjako explained.
He said in 2019, he handled a case in which their pregnant client’s position at her work place was advertised in the newspaper immediately after she took her maternity leave!
Ssekanjako said Article 40 (4) of the Constitution imposes a duty on all employers of female employees to accord them protection during pregnancy and after birth, in accordance with the law, of the constitution.
It’s not so often that Ugandan women file a suit for indiscriminate treatment while pregnant at the workplace for fear of losing the job indefinitely or for lack of clear evidence since majority of employees cite other reasons for suspension, dismissal or termination.
"We have realised that many employees complain but their cases are not expeditiously handled by the responsible institutions thus many lose interest in such cases and abandon them," he said.
Peter Jabweri of Okua and Associates pointed out that most times employers don't state pregnancy as the reason for discrimination.
"This disentitles women from suing because the possibility of success depends on the evidence and how it's presented in relation to the law," he said.
Nonetheless, Ssekanjako said victims can file suits in cases where a pregnant employee is dismissed or subjected to a disciplinary penalty over pregnancy, or any reason connected with pregnancy
- Seek for a solution internally, if you fail to get any redress, file a complaint with the labour officer seeking for orders that the employer protects your rights during pregnancy and after birth in accordance with the law.
- When you are on probation and get pregnant at the time you’re due for promotion and you are denied that promotion solely on the basis of the pregnancy
- Where your right to maternity leave is violated
- Requiring an expectant employee to perform work which is harmful to her health. In this regard, an employer shall provide an expectant mother with flexible hours of work; lighter work load; and alternative arrangements of work.
- Where you are denied the right to return to the job which you held immediately before your maternity leave or to a reasonably suitable alternative job.
- Where dismissal occurs, such employee can lodge a complaint and, if successful, court may order the employer to reinstate the employee or order the employer to pay compensation to the employee.
Such law suits or explanations are provided for in:
- Article 40 (4) of the Constitution
- Section 75 (a) of the Employment Act
- Section 56 of the Employment Act
- Regulation 42 of the Employment Regulations
Back to the fateful conversation on table where I had been cautioned not to get pregnant, before my outburst, a woman across the table had smiled broadly at the mention of her name “wama Carol wait to get pregnant”
As one of the darling employees then, at beckoning of the supervisors, the lady delayed her pregnancy. She conceived years later when she had dropped down on the scale of favourites, and lost her shine!
From what I gather from her close friends, she regrets why she had to put on hold her child bearing wish to satisfy company’s wishes!