Pregnancy Discrimination
Federal law protects pregnant women from being discriminated against in employment simply because they are expecting a child. Specifically, employers cannot demote a woman, fire a woman, reduce a woman's pay or refuse to hire a woman just because she is pregnant. Unfortunately, some employers still violate these basic workplace rights. In fact, the number of pregnancy discrimination claims rose 19% from 2006 to 2007.
Family and Medical Leave Act
Enacted in 1993, the Family and Medical Leave Act (FMLA) helps parents enjoy time with their new children without worrying about the security of their jobs. FMLA requires employers to allow employees, both male and female, at least 12 weeks of unpaid leave for the birth or adoption of a child. In addition, FMLA requires the company to allow the employee to return to the same position or a similar one following the 12-week leave.
Pregnant women are eligible for FMLA leave as long as:
- She has worked for the company for at least one year
- She has worked at least 1250 hours in the past 12 months
- She is employed at a worksite with 50 or more employees or which is within 75 miles of other worksites that, when combined, have 50 or more employees
Have you been discriminated in the workplace because of your pregnancy? Fill out our free case evaluation form to speak with a pregnancy discrimination attorney.
Pregnancy Discrimination Act
The Pregnancy and Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth or related conditions. Some provisions of the PDA include:
Hiring: A company cannot refuse to hire a woman, simply because of her pregnancy or related medical condition. In addition, a pregnant woman cannot be denied a job because of the prejudices of clients, co-workers or customers.
Pregnancy and maternity leave: If an employee cannot work because of her pregnancy, she must be treated the same as a temporarily disabled worker. For instance, if the company allows temporarily disabled workers to change the job assignments or take disability leave, they must offer the same benefits to a pregnant woman. In addition, pregnant employees are allowed to work as long as they can perform their jobs. If a pregnant employee misses a few days because of a related medical condition, she is not obligated to stay on leave until the birth. Lastly, the company must hold the pregnant woman's job for the same amount of time a position would be held for a worker on sick or disability leave.
Health coverage: The employer's health insurance plan must treat pregnancy on the same basis as other medical conditions. The insurance coverage does not need to cover abortion expenses, unless the mother's life is in danger.
Fringe benefits: An employer cannot limit pregnancy benefits for married employees only. In addition, if benefits are offered to employees on leave, the same benefits must be extended to pregnant women on leave. Pregnant women should be treated the same as temporarily disabled workers in regards to vacation, seniority, raises and disability benefits.
If you feel your rights have been violated under the Family and Medical Leave Act or the Pregnancy Discrimination Act, you may have grounds for a workplace discrimination lawsuit.
Our pregnancy discrimination attorneys can help you file your claim and ensure your rights are protected.
