Pregnancy Discrimination​

Pregnancy Discrimination & Maternity Leave Laws

Women have a right to be free from discrimination in relation to pregnancy, childbirth, and related medical conditions. Pregnant women should be treated the same as other employees. But in reality, pregnancy discrimination is common. If it has happened to you, then you should know the laws that protect you and your job against pregnancy or maternity leave discrimination.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) sets forth the requirements of employers with more than 15 full time employees in handling requests for accommodation from pregnant employees as well as ensuring equal treatment of pregnant employees.

Some examples of reasonable accommodations for pregnant employees are:

• allowing more frequent breaks or periodic rest;
• assisting with manual labor;
• modifying job duties;
• modifying work hours/schedules;
• temporary transfer to a less strenuous or less hazardous position; or
• providing a leave of absence, only if no other reasonable accommodation can be made.

Employer’s Responsibility Under the PDA

Employers cannot treat pregnant women differently. Employers cannot refuse to hire or promote a woman due to pregnancy. In addition, they cannot terminate, harass, demote, change your job benefits, or otherwise discriminate against a pregnant employee. This protection extends to pregnancy-related health conditions.

Maternity Leave Protections

After the baby arrives, the protections for mothers do not cease. Maternity leave cannot be shortened or extended by an employer in most circumstances.

Many employers must give pregnant employees the same type of leave as other temporarily disabled employees.

FMLA Leave

Pregnant women may be entitled to a certain amount of leave under the Family and Medical Leave Act (FMLA). The FMLA provides 12 weeks of unpaid leave to care for a newborn. Fathers also have the right to take the same amount of unpaid leave time to care for a new baby under the FMLA.

Eligibility for FMLA leave is limited to certain employees, so contact your HR department to find out whether you are entitled to FMLA leave for the birth of your child.

Pregnant employees may qualify for protection under the ADA

In some cases, pregnancy-related disabilities will allow a pregnant woman to qualify under the Americans with Disabilities Act (“ADA”). The ADA provides a number of additional protections and reasonable accommodations.

Contact Pregnancy Discrimination Lawyers in Washington, DC, Baltimore, Philadelphia and New York City

With more women in the workforce, pregnancy and maternity leave issues have become common. Your state and local laws may provide additional protections.

If you have been discriminated against because of pregnancy or maternity leave, contact us for a free, confidential consultation.