Facts About Pregnancy Discrimination

Have I been discriminated against based on my pregnancy?

For many, upon learning that they will welcome another living being into their lives is a moment to celebrate.  However, this news can be a  source of anxiety for expectant mothers in the work force.  They wonder if they’ll be fired or fear they’ll be demoted when they share the news with managers.  Fortunately, the are laws to protect pregnant women from discrimination based upon their pregnancy.

Pregnancy discrimination on the job occurs when an employer discriminates on the basis of pregnancy, childbirth, or related conditions.  It can include firing or demotion of a pregnancy employee, forced time off, denial of reasonable accommodations or time off, restrictions on work, or any other negative action related to the to employee’s pregnancy. Pregnant working women are protected under Title VII of The Civil Rights Act of 1964 and discrimination based upon pregnancy is enforced by the Equal Employment Opportunity Commission, as well as certain state and local government EEO agencies.

Here’s some information about pregnancy discrimination:

1. The Pregnancy Discrimination Act of 1978 (PDA), under Title VII of The Civil Rights Act of 1964, prohibits ALL aspects of discrimination, from hiring and firing, wages and benefits, and policies that would unfairly impact expectant mothers.
2. The PDA covers a workplace with 15 or more employees.  If your employer does not cross this threshold, you might still have a claim.
3. You cannot be passed over for promotion, due to your pregnancy.
4. If you take, either pregnancy or maternity leave, your employer must hold open your position for you upon your return.
5. As long as you are able to perform the core functions or the position, you are not required to disclose your pregnancy to your employer.
6. You cannot be fired for filing a charge or complaint for employer violation of the PDA.

If you feel that you’ve been subjected to discrimination based upon your pregnancy, you might have a limited window of time to defend your rights.  Speak to an attorney to find out how you might be protected and to help you file a charge with the appropriate reporting agencies. Our attorneys are experienced at litigating employment law claims, as well as representing employees in the administrative processes through the Equal Employment Opportunity Commission (EEOC) in both the private and federal sector, and state and local equal employment commissions and merit systems boards. Contact Attorney Neil Henrichsen at nhenrichsen@hslawyers.com