Has your employer treated you poorly or differently after disclosing your pregnancy?
Did your company deny maternity leave?
Were you terminated or fired because you were pregnant?
Is it possible you didn’t receive a promotion or raise because you were pregnant?
Are you being forced to quit your job because of your pregnancy?
What Is Pregnancy Discrimination?
Pregnancy discrimination includes treating an applicant or employee differently, unfavorably, or unfairly during pregnancy, childbirth, maternity leave, or any other related medical condition.
The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.
You could be the victim of pregnancy discrimination if you were terminated or fired, subjected to negative treatment, conduct, and comments at work, or observed non-pregnant coworkers being treated better than you.
Fair Treatment of Pregnant Employees
An employer must treat pregnant employees the same way they treat every other employee with a temporary disability in all aspects of employment, including health insurance and coverage, leaves of absence, and work assignments. If the company provides light duty, alternative assignments, disability leave, or unpaid leave to other temporarily disabled employees they must do the same for pregnant employees.
Additionally, impairments resulting from pregnancy, for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine, may be disabilities under the Americans with Disabilities Act (ADA). The employer would be responsible to provide a reasonable accommodation, such as leave or modifications that enable an employee to perform her job.
Maternity Leave, Paternity Leave & Other Rights
Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). For example, according to the FMLA, a mother or father may be eligible for up to 12 weeks of leave to care for a newborn child.
Employers cannot harass an applicant or employee because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Pregnancy harassment occurs when offensive comments are being made by someone in the workplace about another person’s pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Pregnancy harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the employee being fired or demoted). The harasser can be the employee’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
The Walcheske & Luzi, LLC Difference
At Walcheske & Luzi, LLC it is our pledge to provide open and honest advice, taking the time to listen, counsel, and advise. We will work closely with you to determine if you are the victim of pregnancy discrimination. Tell us about your pregnancy discrimination case, we’re ready to help.
Check out our testimonials section, where former clients have described their past experiences with us.