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Pregnancy Discrimination Attorney Near Me

Pregnancy Discrimination Attorney Near Me

Expecting a child is one of the most exciting and joyous times in any person’s life. Unfortunately, employers often view pregnancy as a burden. A pregnant employee may need to take time off for doctor’s appointments every few weeks or may need to take several more breaks than other workers. Employers sometimes view these extenuating circumstances as inconveniences and so, they discriminate against pregnant individuals. If you believe your employer has treated you unfairly, a pregnancy discrimination attorney near you can help you make things right.

The Pregnancy Discrimination Act

Under the Pregnancy Discrimination Act (PDA), it is against the law for certain employers to discriminate against any employee, or employment candidate, based on a pregnancy status or the birth of a child. This law is federal legislation that applies to employees with 15 or more employees. Under the Act, employers are prohibited from:

  • Requiring a pregnant woman to leave the workplace until her child is born,
  • Refusing to hire a woman when she can perform certain employment duties, based on a condition related to the pregnancy,
  • Denying women equal benefits, pay, or promotions based on a pregnancy status,
  • Refusing to hire a woman based on the perceived biases of customers or clients,
  • Failing to leave an employment position for a woman for the required period of time when they must take leave based on a pregnancy or childbirth, and
  • Requiring women with medical conditions related to the pregnancy to undergo advanced clearance procedures before they are eligible for insurance benefits

Although federal law protects some pregnant workers, the state law in Ohio is even more inclusive. The anti-discrimination laws of the state largely mirror the federal law. However, state law applies to any employer that employs four or more workers in their business.

Reasonable Accommodations and Pregnancy

Expecting a child is not considered a disability, but some women do develop pregnancy-related conditions that can be classified as disabling. In these cases, employers are required to provide reasonable accommodations for those conditions. Reasonable accommodations may include:

  • Assigning a pregnant woman to lighter work duties or modifying the employment tasks she is responsible or
  • Providing a pregnancy woman with disability leave, and
  • Allowing a pregnant women to take an unpaid leave of absence 

Generally speaking, pregnant employees must ask their employers for these reasonable accommodations. When they do, and the request is reasonable, employers must provide them. The only exception to this is when doing so would cause the company undue hardship. For example, if a pregnant woman asked for a new office to be built for her, that would likely not be considered reasonable and it could place an undue hardship on the business.

Call an Employment Lawyer Near You Today

If you are pregnant and believe your employer is not treating you fairly, our employment lawyers near you are here to help with your case. At Marshall Forman & Schlein, we know how to determine when discrimination is happening, and we have the necessary experience to help employees make them right. Call us today or contact us online to schedule a consultation and to learn more about how we can help.

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