The Pregnancy Discrimination Act protects women who are pregnant from being discriminated against as an applicant or employee of a business or organization. While it states pregnant women must be treated the same as other applicants or employees who can perform their duties in a similar fashion, some employers still defy these rules. If you are concerned about pregnancy discrimination in the workplace, here are some facts to keep in mind.
Hiring and Work Conditions
As long as a pregnant woman is able to perform the most important functions of her job, an employer is not allowed to refuse hiring her based on her condition. Also, an employer cannot refuse to hire a woman due to prejudices the employer, other employees, customers, or others may have in these situations, and pregnancy cannot be discriminated against in such areas as pay, promotions, or layoffs.
Maternity Leave
Under the PDA, pregnant women must be allowed to work at their jobs as long as they are able to do so. Also, if an employer qualifies for the Family Medical and Leave Act, they must grant the new mother as much as 12 weeks of leave time, which can be unpaid or paid if the employee has accrued enough leave time. If an employer fails to follow the rules of the FMLA as directed by the U.S. Department of Labor, contact a pregnancy discrimination attorney.
Temporary Disability
If a woman is unable to perform her job duties due to pregnancy, she must be afforded the same accommodations as any other employee who is temporarily disabled. This can take the form of light-duty assignments, modified tasks, or other alternative assignments. Also, any impairments resulting from pregnancy must be treated as required under the Americans with Disabilities Act, with the employer being required to provide reasonable accommodations, unless it can be proved that doing so would present an undue hardship on the employer.
Health Insurance and Benefits
If an employer provides health insurance and other benefits to employees, they must offer pregnant women access to those same benefits. If this is not occurring at your workplace, contact a pregnancy discrimination lawyer for assistance.
If you find yourself being discriminated against due to your pregnancy, don’t let an employer violate federal law. Instead, contact a Los Angeles employment lawyer at Mann & Elias to discuss your case.
