Workplace discrimination based on pregnancy, childbirth, or any related medical condition is prohibited by the Pregnancy Discrimination Act (PDA). The PDA was passed in 1978 to amend Title VII of the Civil Rights Act of 1964 to include pregnancy as a form of sex discrimination. This means that in all aspects of employment, from hiring to compensation and benefits, a pregnant worker must be treated the same as other employees.
Today, pregnancy discrimination is second only to disability discrimination in the number of lawsuits filed with the Equal Employment Opportunity Commission (EEOC). The EEOC is focusing its efforts on recovering damages for women experiencing pregnancy discrimination at work. In the first five months of 2017 alone, more than $400,000 in compensation had been awarded to plaintiffs.
In 2012, the EEOC’s strategic enforcement plan included pregnancy as a priority and in 2014, the agency issued specific Enforcement Guidance on Pregnancy Discrimination and Related Issues information accompanied by a Q & A document and fact sheet for small businesses. The guidance included topics such as:
- Lactation as a medical condition related to pregnancy that is covered
- Light duty for pregnant workers and the circumstances under which employers must provide it
- Pregnancy leave and leave for pregnancy-related medical conditions
- Parental leave for both men and women
The EEOC wanted to make it clear for employers that the PDA applies not only to a woman’s current pregnancy, but also past pregnancies and the potential to become pregnant. The guidance also explained how the Americans with Disabilities Act (ADA) can relate to employees with disabilities that stem from pregnancy. In such cases, employers may be obliged to provide reasonable accommodation to individuals with pregnancy-related impairments.
If you feel you have been the victim of pregnancy discrimination in New Jersey, it is highly advisable to retain experienced legal counsel that can review your case.
NJ Pregnancy Discrimination Attorney at McOmber McOmber & Luber, P.C. Advocates on Behalf of Victims of Pregnancy Discrimination
At McOmber McOmber & Luber, P.C., we are dedicated to fighting against any form of discrimination in the workplace. If you feel you have suffered discrimination at your job, we can help you determine your legal options.
Schedule a free consultation appointment with a skilled Middletown pregnancy discrimination lawyer today by calling our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or by contacting us online.