Pregnancy discrimination arises when an employer treats an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act (“PDA”) prevents discrimination based on pregnancy when it comes to hiring, firing, pay, job assignments, promotions, layoff, training, benefits such as leave and health insurance, and any other condition of employment. This protection extends to preventing harassment due to pregnancy when it is so severe or frequent that it creates a hostile or offensive work environment or when it results in an adverse employment decision.
Additionally, the PDA establishes that an employer that allows temporarily disabled employees to take disability leave or leave without pay must allow an employee who is temporarily disabled due to pregnancy to do the same. An employer cannot single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. But it can require pregnant employees to follow the same policies such as providing a doctor’s note.
If you have been the victim of pregnancy discrimination in the workplace, we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, or contact us at 888-396-0736 or online for a free consultation.