In the United States, there are more than 68 million working women, and 75% of them will become pregnant at some point while they are employed. Prior to the Pregnancy Discrimination Act of 1978, it was not uncommon for an employer to dismiss a pregnant worker out of the blue in order to avoid productivity losses brought on by missed shifts and childcare responsibilities. The employer could then begin hiring and training a replacement after learning of the employee’s pregnancy.
Keep reading to learn why and how this is illegal. Then contact PLBH at (800) 435-7542 if you believe you have been the victim of pregnancy discrimination.
Your protected status as an employee in California if you are pregnant
The Pregnancy Discrimination Act, which is contained in the Amended Title VII of the U.S. Civil Rights Act, forbids the termination of employment or any other kind of workplace discrimination based on pregnancy, delivery, or any associated medical conditions.
The Pregnancy Discrimination Act, however, only covers businesses with more than 15 workers. The rationale for this minimum is that a smaller company may have a more urgent need to replace an employee who will be out for a lengthy period of time due to a medical condition, hence a need for a prompt replacement is evident.
A job candidate cannot be denied work because of her pregnancy or the possibility that she will get pregnant in the future, according to the Pregnancy Discrimination Act. Similar to this, the Pregnancy Discrimination Act forbids denial of promotion or dismissing an employee upon learning of her pregnancy.
If a pregnant employee needs to take time off from work due to health concerns or to give birth, the employer is required to fill the job for the same period of time as it would for any other employee who has a significant disease or disability. Benefits connected to pregnancy that are offered may not be changed by employers based on marital status.
Pregnant workers must meet special requirements
The Fair Labor Standards Act (FSLA) is upheld by the U.S. Department of Labor’s Wage and Hour Division to guarantee that pregnant workers get suitable and reasonable accommodations for their pregnancies while remaining at work. These concessions often relate to times when nursing babies can take pauses to pump breastmilk. The FLSA mandates that companies give employees the time off they need to pump breastmilk for a year or longer, depending on how long the employee needs keep pumping.
For these breaks, the employer must provide a break area that is not a restroom. In the case of customer-facing firms, the room must be totally covered from the outside view of both employees and the general public. Additional legislation in certain jurisdictions provide for longer break periods, payment for essential breaks, or longer window hours for taking such breaks. These state laws are not preempted by the FLSA; rather, it serves as a foundation.
The FLSA forbids employers from acting in retaliation against pregnant workers who ask for the kind of accommodations that are permitted by both federal and state employment laws. There are numerous conceivable ways of retaliation.
For example, letting the worker go or demoting them, moving the worker to a different location or division without good reason, reducing hours or docking pay, or preventing the employee from doing her work obligations.
These are only a few instances; there are many other forms of employment discrimination and retaliation, and those who have experienced them should take the necessary legal action.
How to respond if you think pregnancy discrimination is occurring
Any sex-based discrimination, including pregnancy discrimination, is prohibited in the workplace. The first step in resolving the issue is filing a complaint with the Equal Employment Opportunity Commission if you believe an employer has discriminated against you at work because of your pregnancy, delivery, or a related medical condition (EEOC).
The EEOC looks into any claim of harassment or discrimination at work based on a protected characteristic, such as race, religion, sex, or pregnancy status. An excellent source of extra information and assistance with the EEOC claims procedure might also be an employment lawyer. Contact PLBH at (800) 435-7542 for a legal consultation.