Pregnancy discrimination is an example of illegal sex discrimination. It happens when a company decides to treat a candidate or worker differently because of her pregnancy, delivery, or other relevant circumstances. Pregnancy discrimination can occur at the hiring, dismissal, or any other stage of the work relationship. In this article, we will review the pregnancy discrimination laws through which you may get help from a lawyer.
It is against the law to terminate someone for being pregnant, to refuse to recruit them because they are expecting, or to assign, promote, or downgrade them because of their pregnancy. Pregnant employees are not granted any particular privileges under the legislation; rather, it forbids employers from treating pregnant workers any differently than other workers.
Laws Related to Pregnancy
Three federal statutes that safeguard pregnant workers and job candidates are enforced by the EEOC. The first legislation is known as “Title VII” of the Civil Rights Act of 1964, which was modified by the Pregnancy Discrimination Act. It forbids discrimination based on sex, including discrimination based on pregnancy. Title VII prohibits discrimination based on “pregnancy” based on:
- Current pregnancy
- Past pregnancy
- Medical conditions related to pregnancy or childbirth
- Having or choosing not to have an abortion
- Birth control
The Pregnant Workers Fairness Act, or “PWFA,” is the second piece of legislation. Unless the accommodation will put the employer through an unreasonable hardship, the PWFA requires a covered employer to make reasonable accommodation for a worker’s known restriction relating to pregnancy, delivery, or associated medical conditions.
The Americans with Disabilities Act, or “ADA,” is the third piece of legislation. The Americans with Disabilities Act (ADA) forbids discrimination against job applicants or employees based on a disability, including pregnancy-related disabilities like diabetes that develops during pregnancy. The ADA does not classify pregnancy as a disability per se, but certain pregnant workers may be qualified as having one or more pregnancy-related impairments that fall within the definition of a “disability.”
It may be necessary for an employer to make a reasonable accommodation for the employee’s pregnancy-related handicap. The Americans with Disabilities Act (ADA) mandates that employers maintain the confidentiality of all medical records and information, including pregnancy-related documents, in separate medical files.
You are aware that having a child would come with a lot of expenses, and you do not want to experience another financial setback or job loss. Being discriminated against because of one’s pregnancy is distressing. Make sure you get legal advice if you experience prejudice.