Pregnancy can be a difficult time, but there are laws in place to protect you while on the job. The Pregnancy Discrimination Act (PDA) offers protection for expectant workers by defining pregnancy discrimination and laying out the rights of pregnant workers. Knowing your rights can help you protect yourself from unfair discrimination.
Your Rights as a Pregnant Employee
An employer cannot fire an employee for becoming pregnant.
Some employers may have policies in place to fire or lay off pregnant workers due to concerns about the safety of the baby, but this is still a form of pregnancy discrimination. All decisions about the employees’ work and their baby’s safety are the business of the employee and their doctor. (Related Topic: Wrongful Termination)
An employer cannot refuse to employ a worker because they are pregnant
or may become pregnant.
Passing over an eligible candidate due to their pregnancy or potential future pregnancy is illegal, but it isn’t uncommon.
Breastfeeding employees have the right to adequate breaks and a private
place to pump breastmilk.
The space does not need to be permanent or dedicated to breastfeeding employees, but it must be private and accessible as needed. Employers also may not lay off or fire employees for breastfeeding.
Pregnancy may entitle pregnant workers to some special accommodations.
Complications or temporary impairments due to pregnancy must be treated the same as other medical impairments.
An employer cannot force you to change jobs or take time off if you are
still capable of your current job.
This included delaying promotions, preventing business trips, or reassigning workers temporarily due to their status.
Non-medical leave must be available to all employees, regardless of gender.
If the company has a policy to provide either parent with leave time to prepare for the birth or after the birth, it must be extended to all employees, regardless of their gender or sex.
Harassment involving your pregnancy, childbirth, or related conditions
Repeated or inappropriate remarks regarding your condition are illegal.
You cannot be fired for choosing to have an abortion or considering abortion.
Your private medical business is not grounds for termination.
Are You Facing Discrimination? Call Marder Employment Law Now - (888) 796-4010
Our Hollister employment law attorney is here to help you. Discrimination of any form can be devastating, and we understand the impact these actions against you can have. At Marder Employment Law, we are committed to protecting your rights as an employee. Find out what we can do to help you with a free consultation.
- Pregnancy Discrimination - See examples of discrimination and how to prove it
- Filing a Pregnancy Discrimination Lawsuit: What You Need to Know
- Can I Sue my Employer for Not Giving Me Breaks?
- Wrongful Termination
Contact our offices by calling (888) 796-4010. Consultations are FREE!