When an employer treats a female employee or applicant unfavorably due to pregnancy, childbirth, or a medical condition that relates to pregnancy or childbirth, it is considered pregnancy discrimination. Under the Pregnancy Discrimination Act (PDA), employers are forbidden from discriminating against female employees or applicants based on pregnancy in all aspects of employment.
If a woman cannot perform her job due to her pregnancy or a condition related to pregnancy or childbirth, the employer must treat her as any other temporarily disabled employee. The employer must reasonably accommodate her condition by, for example, providing light duty, alternative assignments, disability leave, or unpaid leave if the same treatment is applied to other temporarily disabled employees.
Some of the impairments that may result from pregnancy, such as gestational diabetes, might also be covered under the Americans with Disabilities Act (ADA).
Under the PDA, employers who allow temporarily disabled employees to take disability leave or leave without pay, must extend this treatment to women who are temporarily disabled due to pregnancy. However, an employer may request an employee to submit a doctor’s statement regarding their ability to work before granting any leave benefits.
Additionally, under the Family and Medical Leave Act (FMLA), a new parent, including adoptive or foster parents, may receive 12 weeks of paid or unpaid leave to care for the new child. Those who are eligible must have worked for an employer for at least a year prior to taking leave.
Workplace discrimination is a serious issue that many Americans from varying walks of life face every day. If you have been discriminated against due to pregnancy or childbirth, the legal team at White, Nisar & Hilferty, LLP. will fight for you and explore all possible avenues to end the confrontation as smoothly as possible.
Schedule a consultation with us today at (800) 496-3076.