Lancaster Pregnancy Discrimination Attorney
While many people know that federal law prohibits discrimination based on race, sex, national origin, and age when it comes to employment, few are aware that both state and federal law also prohibits discrimination based on pregnancy. To learn more about these laws and the protections they offer, please contact one of our experienced Lancaster pregnancy discrimination attorneys today.
Protections Under the Pregnancy Discrimination Act
In 1978, Congress passed the Pregnancy Discrimination Act (PDA), which amended Title VII of the Civil Rights Act to include discrimination based on pregnancy as a form of sex discrimination. Under the terms of the amendment, discrimination based not only on pregnancy but also childbirth and related medical conditions constitute unlawful sex discrimination, meaning that women affected by pregnancy must be treated in the same way as employees or applicants who have a similar ability.
Hiring and Working Conditions
As long as a woman is able to perform the primary functions of her job, employers are prohibited from refusing to hire her because she is pregnant or because co-workers, clients, or customers are prejudiced against pregnant employees. Finally, the PDA prohibits pregnancy-based discrimination in regards to any of the following:
- Job assignments;
- Fringe benefits; or
- Any other term or condition of employment.
Pregnant employees or applicants whose rights are violated under the PDA can hold the employer accountable by filing a claim against them in court.
When pregnant employees are absent from work due to a pregnancy-related condition, but then recover, employers are not allowed to require that individual to remain on leave until the child’s birth. Similarly, employers must hold a job open for a person who is absent due to a pregnancy-related condition for the same amount of time that they would for employees who are sick or on temporary disability leave.
In addition to the protections offered by the PDA, the Family and Medical Leave Act (FMLA) guarantees new parents at least 12 weeks of leave that can be used to care for their new child. However, to be eligible for this benefit, an employee must have worked for the employer for the preceding year, and the employer must have at least 50 employees.
The PDA only applies to employers who have at least 15 employees. Fortunately, Ohio law also protects employees who work for smaller companies. As long as an employer has at least four employees, state law will protect those employees from discrimination based on pregnancy, requiring employers to treat pregnant employees the same as all other workers, which includes providing benefits and equal compensation.
Call Today to Speak With a Lancaster Pregnancy Discrimination Attorney
Employees who have been discriminated against due to their pregnancies are eligible to recover damages, compensating them for back pay, lost benefits, and out-of-pocket losses. To learn more about filing your own discrimination claim, please contact the dedicated Ohio pregnancy discrimination attorneys at Marshall & Forman, LLC by calling (614) 463-9790 today.