Pregnant employees have the same rights as any other employee in the workplace. The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 and prohibits employers from treating pregnant employees in certain ways. Not all employees are familiar with this law though, and pregnancy discrimination is not always obvious. So, how do you know when to speak with an attorney about pregnancy discrimination? If any of the below circumstances apply to your case, it is time to speak to a lawyer.
Under the PDA, employers are prohibited from refusing to hire a person due to the fact that they are pregnant, have pregnancy-related issues, or because the employer or their customers carry a bias against pregnant women. If you are qualified for a position of employment that you were denied, you should speak to a lawyer that can determine if you were the victim of pregnancy discrimination.
The PDA also requires employers to treat leave taken for pregnancy or maternity as any other type of leave taken for a medical condition. Employers cannot impose requirements on pregnant employees that are different from those imposed on employees taking another type of medical leave. Employers are also prohibited from forcing pregnant employees to take leave at a specific time, or to remain out of the workplace for a certain amount of time. Employers must allow pregnant employees to work as long as they are able. If your employer has violated these rights, you should speak to a pregnancy discrimination lawyer.
If you have health insurance through your employer, those benefits must still be available to cover the medical costs of the pregnancy and any pregnancy-related condition. Employers must reimburse the cost for medical treatment due to a pregnancy in the exact same manner that they reimburse expenses for other medical conditions. Employers are also prohibited from imposing larger or additional deductibles for pregnancy-related expenses.
If your employer provides fringe benefits to employees that are on medical leave, such as working remotely during a portion of their leave, they must make the same benefits available during your pregnancy-related leave. Employers must also treat pregnant employees that are on leave in the same manner as other employees on leave for another medical condition. If your employer has denied you these fringe benefits, or treated you differently, a lawyer can determine if it is a case of discrimination.
If your employer has violated your rights in any of the above ways, or you otherwise feel as though you are facing pregnancy discrimination, our Columbus employment lawyers can advise on your case. At Marshall Forman & Schlein LLC, our skilled attorneys know how to identify pregnancy discrimination and will help you recover any damages you suffered as a result. Call us now or fill out our online form to schedule a consultation.
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