Employers are legally prohibited from refusing to hire women because of pregnancy-related conditions, so long as the employee is capable of performing the regular functions that are required by her job. Employer prejudice against pregnant employees or job applicants is not the only factor that is involved in situations concerning pregnancy discrimination. This issue is also related to the prejudices of co-workers, clients, and customers toward pregnant workers. With more than 50 years of combined experience, our legal staff has gained a great deal of litigation experience in the field, and we are proud to represent all our local clients by providing the personal attention they require.
Another United States labor law concerning pregnant women and those with medical conditions requiring extensive work leave is the Family and Medical Leave Act or 1993, also known as the “FMLA”. Discrimination in Florida and Georgia against those who are protected by these laws is illegal, so you may be entitled to compensation if your employer, coworkers, or clients have discriminated against you for your pregnancy or medical conditions. When you have any questions about this process, turn to The Leach Firm, P.A. to receive a free consultation from our skilled lawyer.
Putting an End to Pregnancy Discrimination in Your Workplace
According to the PDA amendment, women affected by pregnancy or any of its accompanying conditions must be treated in the same manner as their fellow employees or job applicants concerning their ability or inability to perform their work. Employers are therefore prohibited from singling out pregnancy-related conditions when it comes to approving medical clearance procedures. These procedures must be upheld in the same way as other employees’ conditions, and they may relate to employees taking pregnancy leave or receiving sick pay for time off.
Receive the Treatment You Deserve during Your Pregnancy
If your pregnancy temporarily prevents you from performing your job, then your employer must treat you in the same way that other disabled employees are treated. This includes giving you lighter workloads, modified tasks, alternative assignments, disability leave, maternity pay, or leave without pay. In cases where these accommodations are not made – or if you are not treated properly by your employer – our attorney will gladly represent your case. With more than 75 years of combined experience, our legal staff has gained a great deal of litigation experience in the field, and we are proud to represent all of our local clients by providing the personal attention they require.
Employers, co-workers, and clients can discriminate against pregnant women in a number of ways. In addition to issues concerning job performance, a failure to accommodate impairments resulting from pregnancy may be considered a type of discrimination that could be eligible for compensation. If you feel you have been the victim of maternity leave discrimination, look to our employment discrimination lawyer to offer you the legal solutions you need. We never charge you any fees unless we recover the compensation to which you’re entitled, so you’ll only pay for representation if we are successful.
Our clients often have many questions about their rights under pregnancy discrimination laws. Here we answer some of the topics most frequently asked about.
Can you fire or lay off an employee because of pregnancy?
The federal Pregnancy Discrimination Act prohibits employers from firing or laying off employees due to pregnancy. In fact, employers are not allowed to take any action that negatively impacts an employee–such as assigning less-desirable job duties—if that action is motivated by the condition of pregnancy.
The challenge in many cases is to prove the negative action was taken because of pregnancy.
Are you entitled to more breaks when you are pregnant?
When pregnancy causes certain conditions such as gestational diabetes or preeclampsia, a pregnant employee may be entitled to receive reasonable accommodation measures from the employer. Some pregnancy-related conditions are considered disabilities under the American with Disabilities Act. Employers are expected to accommodate those disabilities unless doing so would pose an undue hardship. If a pregnant employee requires additional breaks to manage a disabling condition, then the employer should have to allow those breaks or demonstrate why additional breaks would cause undue hardship.
When should I tell my employer I’m pregnant?
The decision about when and how to announce your pregnancy depends on a number of factors that have to do with your relationship with your boss and co-workers more than with legal considerations. Legally, you are not required to inform your employer unless you need special accommodations or you are ready to request parental leave. For instance, to take advantage of the leave provisions of the Family and Medical Leave Act, you only need to give 30 days’ notice before taking leave to give birth.
However, studies have shown that trying to conceal a pregnancy at work leads to considerable stress, so many women find it helpful to reveal pregnancy at about the fourth or fifth month. If morning sickness or frequent medical appointments will cause you to miss a lot of work, then you may want to inform your employer earlier. Anti-discrimination laws prohibit negative actions based on your pregnancy, so you should not feel compelled to hide the situation.
How do I prove pregnancy discrimination in the workplace?
Once you have determined that you were subjected to negative treatment due to your pregnancy, proving that the treatment was motivated by your pregnant condition can be difficult. Collect any evidence that can show your treatment and how it differed from similarly situated employees who were not pregnant. It is also a good idea to gather evidence showing that your job performance met expectations. In many cases, a combination of actions and words indicate a pattern of discrimination. A pregnancy discrimination lawyer can help guide you to look for specific evidence indicating discrimination, so the sooner you consult an attorney, the easier it can be to develop a case providing that you are entitled to relief.
Can I sue my employer for stress if I’m pregnant?
Work is inherently stressful in many employment situations, so to receive compensation for stress during pregnancy, you would probably need to show that your stress was caused by harassment or another form of discrimination you experienced due to your pregnancy or another protected factor. For instance, if your employer allowed coworkers to make jokes based on your pregnancy, race, religion or other protected aspects of your identity, that would constitute illegal harassment and your stress could entitle you to relief, including compensation.
Whether you need an employment law attorney or an unpaid wages lawyer, our firm has the skills and resources needed to help you build an effective case. If you are interested in learning more about our other practice areas, contact us today at talkdesk (844) 722-7567 to schedule a consultation. We provide legal service to clients in Florida and Georgia.