Navigating the workplace during pregnancy can be a challenging journey. It's a pivotal time when expectant parents need to understand their rights to ensure they are treated fairly and respectfully.
Here’s a closer look at pregnant employees' essential rights and protections under federal law.
Federal Legal Protections for Pregnant Employees
The primary federal legislation protecting pregnant employees in the United States is Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Pregnancy Discrimination Act (PDA) of 1978. This law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees, including state and local governments.
Under the PDA, an employer cannot deny a job to an employee due to their pregnancy, treat them differently from other temporarily disabled employees, or force them to take leave if they are willing and able to work.
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for various family and medical reasons, including childbirth. This applies to all public employers, all public and private elementary and secondary schools, and companies with over 50 employees.
Reasonable Accommodations
Pregnant employees also have the right to reasonable accommodations in the workplace, similar to those provided to employees with disabilities. This might include frequent breaks, permission to sit or stand as needed, ergonomic office equipment, and temporary transfer to less strenuous or hazardous work.
Employers must provide these accommodations unless doing so would result in undue hardship to the business.
Health Insurance and Benefits
Under the PDA, if an employer provides health insurance, it must cover expenses for pregnancy and related conditions on the same basis as for medical expenses unrelated to pregnancy. Employers cannot reduce pregnancy-related benefits for employees participating in a company health plan.
Protection Against Harassment
Pregnant employees are also protected from harassment. This includes offensive comments about pregnancy or related conditions. If the harassment is so severe or pervasive that it creates a hostile work environment or results in adverse employment decisions, it may qualify as illegal harassment.
Path Forward
Understanding and exercising your rights during pregnancy is essential for your health, peace of mind, and the well-being of your unborn child. Employers must recognize and respect these rights, ensuring pregnant employees receive fair and equal treatment.
For any legal assistance, reach out to Nichols Kaster PLLP today at (877) 344-4628 to get started.
