What rights do I have as an expecting mother in the workplace?

According to the U.S. Equal Employment Opportunity Commission (EEOC), the Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

The EEOC goes on to say that if a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

Here are four ways that expecting mothers are protected in the workplace.?

Getting the Job

Title VII of the Civil Rights Act of 1964 dictates that an employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the feelings or prejudices of co-workers, clients, or customers.?

If this is suspected to be the case, it can open the employer up to regulatory complaints and potential legal action.?

Accommodations

Conditions that pregnant women experience as a result of their pregnancy, such as gestational diabetes, preeclampsia, or movement impairment, may be considered short term disabilities under the Americans with Disabilities Act (ADA). Under such circumstances, an employer would be required to provide reasonable accommodations, such as leave or workplace and task modifications, to enable their pregnant employee to perform her job.?

Here you can find more information on the ADA and what conditions are covered: https://www.eeoc.gov/laws/types/disability.cfm.?

Pregnancy & Maternity Leave

The Pregnancy Discrimination Act mandates that any employer that allows temporarily disabled employees to take disability leave or leave without pay, must also allow an expecting mother, who is considered temporarily disabled, to also take a leave.?

Additionally, under the Family and Medical Leave Act of 1993, a new parent may be eligible for 12 weeks of leave (paid or unpaid) to care for their new child. This requires that the employer fits the employee headcount applicability requirement, and that the employee has worked for that employer for 12 months prior to taking the leave.?

Harassment

Harassment happens when communications or actions are occurring in the workplace in a frequent or severe manner. These harassing communications or actions create a hostile or offensive work environment, or can result in an adverse employment decision such as demotion or firing. The harassment can come from a direct supervisor, a supervisor in a different department, a co-worker, or someone who is not an employee such as a client or contractor.?

Once reported, the employer must take definitive steps to make the workplace comfortable for all.?

It is illegal to harass expecting mothers due to pregnancy, childbirth, or a medical condition related to their pregnancy.?

For more information on the rights of expecting mothers, or to discuss whether your employer might have violated your rights, contact our team at Liberty Trial Law Group to go over the details of your inquiry.?