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Employment Labor Law Pregnancy Discrimination

Both federal and state laws that provide protection against sex discrimination protect pregnant women in the workplace. When an employer discriminates against a pregnant woman, this is a violation of Title VII of the Civil Rights Act of 1964. The laws against sex discrimination that are currently in place in the U.S. ensure that women are able to have children without fear of losing their employment. Pregnant women should be allowed to continue working in their current employment as long as they are able to complete all job related tasks. In some cases, pregnant women should be given lighter or easier duties if their pregnancy prevents them from fulfilling their job requirements. Pregnant women that have been the target of sex discrimination need the legal expertise of skilled pregnancy discrimination attorneys.

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Protections Provided by the Pregnancy Discrimination Act of 1978

There are several protections offered to pregnant workers under Title VII of the Civil Rights Act of 1964, also known as the Pregnancy Discrimination Act of 1978. According to this act, employers cannot do the following:

• Refuse to hire a woman because she is pregnant
• Fire or force a woman to resign because she is pregnant
• Refuse to promote a woman because she is pregnant
• Take away seniority, retirement benefits, or credit for years of work due to maternity leave
• Require a pregnant woman to take mandatory maternity leave
• Treat pregnancy-related conditions any differently than other types of disabling conditions
• Discriminate against a pregnant woman because she is unmarried

Employers are required to hold an employee's job for them for a specified amount of time if the employee is on sick leave or disability leave. The same holds true for pregnant women. Employers are required to hold a woman's job if her absence is pregnancy-related.

Documenting Pregnancy Discrimination

Pregnant employees that believe they will be discriminated against or that are being discriminated against should thoroughly document this discrimination. Pregnant employees should write down every discriminating event in detail, and make copies of these notes. Pregnant employees should continue to do their job to the best of their ability, and document their work performance while pregnant. Pregnant workers that are the victims of sex discrimination should speak with their human resources department or their union representative. Furthermore, pregnant workers will also want to consider filing a complaint with the Equal Employment Opportunity Commission (EEOC).

Pregnant women should be aware that a statute of limitations exists in regard to sex discrimination complaints. Women that have been the victims of sex discrimination will want to file their complaint with the EEOC as soon as possible. If the complaint is not filed in a timely manner, the employer may not be held responsible for their actions.

Contacting a Lawyer

Pregnant employees should also contact pregnancy discrimination law firms to secure legal representation. The pregnancy discrimination lawyers at these law firms will be able to provide pregnant women with the expert counsel and guidance they need to prove their sex discrimination case. Pregnancy discrimination lawyers can help pregnant women ensure they obtain satisfactory results and are awarded any damages to which they may be entitled for their suffering.

Do you have additional legal questions about employment law? Our employment law attorneys can help! Contact an employment lawyer today!

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