What Are the Rights of Pregnant Employees at Work?
August 2, 2024
Even though pregnant employees are protected by several laws designed to prevent discrimination and promote equality in the workplace, many are still treated unfairly. The discrimination can be present during the hiring process and in other employment decisions. Pregnant employees have certain rights in the workplace so if you or a family member are facing workplace discrimination, it helps to understand what those rights are.
What Laws Protect Pregnant Employees?
The primary law here is the Pregnancy Discrimination Act (PDA) of 1978, an amendment to Title VII of the Civil Rights Act of 1964. It prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Under the PDA, employers with 15 or more employees must treat pregnancy as any other temporary disability regarding employment decisions, including hiring, firing, promotions, and benefits.
Additionally, the Family and Medical Leave Act (FMLA) of 1993 provides eligible employees with up to 12 weeks of unpaid leave for the birth and care of a newborn child. To be eligible, employees must have worked for their employer for at least 12 months and logged at least 1,250 hours in the past year. The FMLA applies to public agencies and private-sector employers with 50 or more employees.
Are Pregnant Employees Entitled to Reasonable Accommodations?
Pregnant employees may be entitled to reasonable accommodations if they have a medical condition related to pregnancy or childbirth that limits their ability to perform their jobs. Under the Americans with Disabilities Act (ADA) and the PDA, employers must provide reasonable accommodations to employees with pregnancy-related disabilities unless it causes undue hardship to the business.
Reasonable accommodations may include:
- Modifying work schedules or duties
- Providing more frequent breaks
- Allowing for temporary reassignment to a less strenuous position
- Offering light-duty work
Employers should engage in an interactive process with the pregnant employee to determine appropriate accommodations that enable them to continue working.
What Are the Rights of Pregnant Employees Regarding Maternity Leave?
The FMLA provides up to 12 weeks of unpaid leave for the birth and care of a newborn child. During this time, employees are entitled to job protection and continuation of group health insurance coverage.
In addition to FMLA, some states have their own maternity leave laws that provide additional benefits or protections for pregnant employees. Employers must comply with federal and state laws to ensure that pregnant employees receive their entitled leave benefits.
Employers who deny eligible employees their maternity leave rights under the FMLA may be subject to legal action and penalties.
Are Pregnant Employees Protected From Workplace Harassment?
Pregnant employees are protected from workplace harassment under the PDA and Title VII of the Civil Rights Act of 1964. Harassment based on pregnancy, childbirth, or related medical conditions is illegal and can create a hostile work environment. Examples of pregnancy-related harassment include offensive comments, jokes, or actions that demean an employee due to their pregnancy.
What Steps Should Pregnant Employees Take if They Experience Discrimination?
If a pregnant employee experiences discrimination in the workplace, they can take these steps:
- Keep a record of discriminatory actions, comments, or behaviors, including dates, times, locations, and witnesses.
- Notify a supervisor, manager, or HR representative about the discriminatory behavior. Follow the company’s reporting procedures and provide documented evidence.
- If the employer does not take appropriate action, the employee can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory incident.
Employees can file lawsuits against their employers for violating the PDA or other related laws. They can consult with an employment attorney to understand legal options and pursue a claim if necessary.
The Experienced South Jersey Discrimination Lawyers at The Gold Law Firm P.C. Offer Trusted Legal Guidance to Pregnant Employees
If you believe your rights as a pregnant employee were violated, contact the experienced South Jersey discrimination lawyers at The Gold Law Firm P.C. for a free consultation. Call our Philadelphia and Pennsauken, New Jersey, offices at 215-569-1999 or complete our online form. We serve South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.
