What is Pregnancy Discrimination?
Pregnancy discrimination is job discrimination on the basis of pregnancy, childbirth or related medical conditions.
How am I Protected?
The Pregnancy Discrimination Act modified Title VII so that discrimination on the basis of pregnancy, childbirth, or related medical conditions is considered gender discrimination. The law guarantees equal treatment of disabilities, including pregnancy, birth or related disabilities for companies employing 15 or more people. An employer may not fire an employee because she is pregnant or force an employee to take maternity leave.
Other responsibilities that employers owe to employees who become pregnant include: - Allowing the pregnant employee to work as long as she can perform her job
- Guaranteeing job security while the employee is on leave
- Granting the same health, disability and sick-leave benefits as any other employee who has a medical condition
- Assigning modified tasks or alternate assignments if necessary
- Allowing the pregnant employee to accrue seniority and vacation, and be eligible for pay increases
- Providing the same benefits for unmarried pregnant women
However, if your company does not provide job security or benefits to other employees, it does not have to provide them to a pregnant woman.
What Can I do if I am Pregnant?
The federal law does not explicitly require that an employer grant pregnancy leave for a pregnant employee, but federal law does mandate that employers provide medical leave for a pregnant employee.
Some state laws may also give pregnant employees the right to take a leave of absence for a reasonable period of time. During this leave of absence, the employer need not pay the employee, but must provide all the benefits as stipulated in the Pregnancy Discrimination Act. The employer may require the employee to provide a timeframe of when the pregnancy is anticipated to take place and how long she is planning to be away from work.
Pregnant employees may not be forced to take maternity leave unless the employee wishes it. However, if the employer can show that the woman absolutely cannot do her job even though given modified conditions and tasks, he may be allowed to make her take a leave of absence. Should I Consult an Attorney about my Pregnancy Discrimination Issues?
Pursuing a pregnancy discrimination claim is complicated because procedural laws vary depending on where and when you file your claim. An experienced employment lawyer can help you understand how the laws of your state affect your case. An employment attorney can also help you file the necessary paperwork and represent you in court. |
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