Unfortunately, pregnancy discrimination is quite common in Ohio. Pregnant women sometimes need certain accommodations in the workplace. They may have a doctor’s appointment every few weeks, or they may be working with back pain or morning sickness. After having the child, a new mom will need to stay home for a certain period of time, and those who have suffered a miscarriage need time to mourn the loss and physically recover.
There are state and federal laws that can provide the necessary time off and help women and their unborn stay healthy while at work. If you are pregnant and are still working, it is important to know your rights in the workplace.
Under the Pregnancy Discrimination Act of 1978, it is against the law for any employer in the country with 15 or more employees to treat pregnant workers unfairly. Employers also cannot use unfair employment tactics when a worker is trying to get pregnant, or if they have suffered a miscarriage or stillborn birth. The Act grants many rights for pregnant workers, which include the right to:
The anti-discrimination laws in Ohio largely mirror the federal legislation. Fortunately, the state law applies to employers who employ four or more workers.
The Americans with Disabilities Act requires employers to provide reasonable accommodations for workers with disabilities. Certain pregnancy-related conditions, such as gestational diabetes and preeclampsia, are considered disabilities under this law. This means if you are pregnant, you have the right to:
While all pregnant employees have the right to be free from discrimination, employers do not have to provide accommodations that are unreasonable or that would place a substantial burden on them. For example, you may not be able to ask your employer to build an entirely new office for you.
The Family Medical Leave Act (FMLA) provides certain employees with 12 weeks of unpaid leave if they are pregnant or need to care for a newborn or adopted child. If you are eligible for this leave, your employer must grant it and you have the right to be protected from retaliatory actions when you return to work.
If you are pregnant, you have many rights in the workplace. At Marshall Forman & Schlein, our Columbus employment lawyers can advise on what those are, and make sure they are upheld. Call us today or contact us online to schedule a consultation and to learn more about your legal options.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.