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.
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:
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.
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:
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.
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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