Employer pregnancy discrimination occurs when a pregnant employee or job applicant is treated poorly due to pregnancy, childbirth, or related conditions. Employers must often accommodate pregnancy-related needs under the U.S. Pregnancy Discrimination Act (PDA) and Americans with Disabilities Act (ADA).
A 2021 study by Carly McCann and Donald Tomaskovic-Devey found out that pregnancy discrimination charges result in lower monetary benefits compared to other sex-based discrimination charges.
In June 2023, the EEOC carried out the Pregnant Workers Fairness Act (PWFA) to address pregnancy-related complaints like denial of reasonable accommodations and termination. Stronger legal protections have been enacted to favor pregnant employees but pregnancy discrimination in the U.S. workplace still continues to persist in 2024.
According to Los Angeles pregnancy disability lawyers, when such cases happen, they can consult a discrimination lawyer who can help them navigate the legal process. They can assist you in proving the discrimination and evidence.
Learning the legal frameworks, recognizing discrimination, and advocating for changes can make a big difference in your workplace.
Legal Protections for Pregnant Employees
The 1978 Pregnancy Discrimination Act (PDA) is the main federal law addressing workplace pregnancy discrimination. Expectant and postpartum workers cannot be discriminated against by employers under the PDA. PDA requires employers to treat pregnant workers equally with other workers of similar ability or inability.
The Family and Medical Leave Act (FMLA) allows eligible workers to take up to 12 weeks of unpaid leave for family and medical reasons, including pregnancy, without losing their jobs. This law allows pregnant workers to take time off for prenatal care, childbirth, and bonding.
Pregnant workers must know their legal rights to be treated fairly at work.
Types of Pregnancy Discrimination
Learn to recognize the different forms of pregnancy discrimination to be able to continue defending your rights in the workplace.
Pregnancy discrimination can include being passed over for promotions, demoted, or fired. Some employers may prevent pregnant women from being hired or promoted. Pregnancy discrimination sometimes includes being denied reasonable accommodations like breaks, work schedule changes, and a clean, private breastfeeding space. There are also companies who make fun of their pregnant employees.
Reasonable Accommodations in the Workplace
As a pregnant worker, it is your right to request for reasonable accommodations to ensure your health and job performance is not compromised. These requests include work schedule adjustment and modification of tasks that may have a negative impact on the pregnancy.
Employers must interact with you to determine accommodations by law. You must inform your employer of your needs and provide medical evidence. Reasonable accommodations are meant to help you work safely during your pregnancy, and your employer should work with you to find solutions that meet your needs and job requirements.
How to Request Accommodations
Meet with your supervisor or HR to discuss pregnancy accommodations. Explain what you need, such as more breaks, a different work schedule, or a different workstation, to ensure a safe and healthy work environment during pregnancy.
Bring any necessary documentation, such as a note from your doctor outlining accommodations, to the meeting. Talk professionally and be open to solutions that benefit you and your employer. Be honest about your needs and listen to your employer’s concerns.
Maintain contact with your employer after discussing accommodations to ensure they are implemented.
Steps to Take If You Face Discrimination
To protect your rights and well-being, notify your employer immediately of pregnancy accommodation discrimination.
- Keep a detailed record of pregnancy discrimination incidents. The record must include the date and time of the incident and people involved.
- After organizing your detailed records, meet with your HR department or supervisor to discuss your concerns. Explain your issues and present your evidence at this meeting. Request a fair and legal resolution.
- Consult a discrimination-focused employment attorney if the situation doesn’t improve or if you’re retaliated for raising the issue. Your attorney can explain your rights, discuss legal options, and help you file a discrimination complaint.
Conclusion
Pregnant workers should know their workplace rights. Accommodations should be made for pregnant workers to ensure safety and comfort.
Do not be afraid to speak up to protect your rights in the workplace because everyone deserves to be fairly treated and supported, especially pregnant workers.
Also Read: Protecting Your Child’s Rights with a Birth Injury Claim
