For many, becoming pregnant is an exciting and challenging time. However, one challenge you should not have to face is pregnancy discrimination. If your employer treats you unfavorably due to your pregnancy, you have the right to take legal action. Here are a few things you need to know about pregnancy discrimination.
What is Pregnancy Discrimination?
Pregnancy discrimination involves treating a female applicant or employee unfavorably because of her pregnancy, childbirth, or related medical conditions. Pregnant employees are protected under the Pregnancy Discrimination Act, which is an amendment to Title VII of the Civil Rights Act.
Beyond the PDA, pregnant women may also be protected by the Family and Medical Leave Act and the Americans with Disabilities Act. For example, the ADA may protect women who experience impairments as a result of their pregnancy, such as gestational diabetes.
What Does the Pregnancy Discrimination Act Do?
The PDA prohibits discrimination due to pregnancy. Specifically, it prevents discriminatory firing, hiring, pay, job assignments, promotions, layoffs, fringe benefits (including leave and health insurance), and any other term or condition of employment.
Rights for Pregnancy-Related Medical Conditions
Employers are generally required to treat a woman with a pregnancy-related condition in the same manner as any other temporarily disabled employee. If your company offers light duty, modified assignments, or disability leave to other employees with temporary disabilities, they must offer the same to you. Failure to do so may constitute pregnancy discrimination.
While employers can require pregnant employees to follow standard leave or sick benefit policies, they cannot create specialized, restrictive procedures specifically for pregnant staff.
ADA Protections and Reasonable Accommodations
Under the law, a pregnancy is considered a temporary disability, meaning employers must treat pregnant employees the same as they would other temporarily disabled employees, such as providing a “reasonable accommodation.” However, bear in mind that a reasonable accommodation must not cause undue hardship for the employer, such as a significant difficulty or expense.
FMLA Leave for New Parents
The FMLA may grant eligible employees up to 12 weeks of leave, which can be utilized for childcare following the birth of a child.
To be eligible, you generally must:
- Work for an employer covered by the FMLA policy.
- Have been employed by that company for at least 12 months prior to the leave.
Covered employers typically include public agencies, schools, and private-sector employers with 50 or more employees. It is vital to remember that an employer cannot force you to take leave simply because you are pregnant; they can only require it if you are truly unable to perform your essential job functions.
Are There Specific Protections Against Harassment?
Yes. Workplace harassment based on pregnancy, childbirth, or related medical conditions is a form of illegal discrimination. There are laws in place at both the state and federal levels to protect the rights of pregnant employees from harassment and discrimination. If you have been the victim of pregnancy discrimination in the workplace, our firm can help.
Contact An Experienced Pregnancy Discrimination Lawyer Today
McOmber McOmber & Luber has served clients in Middlesex, Monmouth, Essex, Camden, and Burlington Counties for over 40 years. If you’ve faced harassment or discrimination because of your pregnancy, our employment discrimination lawyers will fight for justice. Contact our Red Bank, Marlton, or Newark office today for a free legal consultation regarding your pregnancy discrimination case. Don’t wait a moment longer; seek justice now.
