Pregnancy Discrimination in Employment
Pregnancy discrimination is a form of sex discrimination. The law prohibits employers from discriminating against their employees because of pregnancy or conditions resulting from pregnancy. Under the law, employers must treat pregnant employees the same as employees with temporary disabilities, as long as pregnancy does not interfere with the performance of the employees’ major job functions. Employers must also provide pregnant employees the same benefits that they provide to temporarily disabled employees, including time off and reasonable help with performing their duties while on the job. However, employers may make employment decisions based on pregnancy if it is reasonably necessary to normal business operations. For example, a theatre may prohibit pregnant stage hands from doing heavy lifting that exceeds the maximum weight allowed by their doctors. Pregnant employees also have a right to unpaid leave to care for newborn children, and a right to have the same or a similar job when they return.
Some examples of pregnancy discrimination are:
- Your boss transfers, demotes, harasses, or fires you after he or she finds out you are pregnant.
- You are pregnant, and your employer denies you the same health insurance coverage and other benefits that are available to employees who are not pregnant. Or your employer continues to makes you do tasks that your co-workers with temporary disabilities—such as back injuries—do not have to do.
- You are pregnant, and your employer changes your work assignments, forces you to go on leave, or fires you while you are still able to work.
- You have to take a sick day because of pregnancy-related problems, and your employer refuses to let you return to work until after the birth of your child. Or, your employer prevents you from returning to work for a fixed time period after childbirth.
- At a job interview, a potential employer asks you if you are pregnant or plan to have children.
Nichols Kaster & Anderson, PLLP has litigation experience in many types of cases, including pregnancy discrimination. If you think you may become involved in litigation with your employer, feel free to contact us.
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