Pregnancy discrimination is a violation of the law, and as a job applicant or employee, you have the right to be protected from any form of discrimination based on your pregnancy or pregnancy-related disability. In this comprehensive guide, we will explore the federal laws that safeguard your rights, the accommodations you are entitled to, and the actions you can take if you believe you have experienced discrimination.
Understanding the Federal Laws That Protect You
There are three key federal laws that protect job applicants and employees who are pregnant: Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA).
Title VII of the Civil Rights Act of 1964
Title VII prohibits sex discrimination, which includes pregnancy discrimination. Under Title VII, pregnancy discrimination can be based on various factors, such as current pregnancy, past pregnancy, potential pregnancy, medical conditions related to pregnancy or childbirth, including breastfeeding/lactation, the decision to have or not have an abortion, and the use of birth control (contraception).
Pregnant Workers Fairness Act (PWFA)
The PWFA requires covered employers to provide reasonable accommodations for workers’ known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation poses an undue hardship for the employer. This means that if you require an accommodation due to your pregnancy, your employer is legally obligated to provide it, as long as it does not cause significant difficulty or expense for them.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against individuals with disabilities, including disabilities related to pregnancy, such as gestational diabetes. Although pregnancy itself is not considered a disability under the ADA, there may be impairments related to pregnancy that qualify as disabilities. In such cases, an employer must provide reasonable accommodations to pregnant workers with disabilities.
Pregnancy and Work Situations
Title VII and the ADA cover employment discrimination in all aspects of employment, including hiring, pay, job assignments, promotions, training, employee benefits, and any other terms or conditions of employment. It is important to note that discrimination based on pregnancy or pregnancy-related disabilities is unlawful and should never be tolerated.
Pregnancy and Workplace Accommodations
Under the PWFA, employers are required to provide reasonable accommodations for workers with known limitations related to pregnancy, childbirth, or related medical conditions, unless it would cause an undue hardship for the employer. This means that if you need accommodations to perform your job duties due to your pregnancy, your employer must make reasonable efforts to accommodate your needs.
It is worth mentioning that workers may also be entitled to accommodations under Title VII or the ADA. If you believe that you require an accommodation due to your pregnancy or pregnancy-related disability, it is essential to communicate with your employer and request the necessary adjustments.
Pregnancy and Harassment
Harassment based on pregnancy, childbirth, or a medical condition related to pregnancy or childbirth is illegal. Employers must ensure a safe and respectful work environment for all employees, free from any form of harassment. If you experience harassment due to your pregnancy or pregnancy-related condition, you should report it to your employer or the appropriate authority.
Workers with Caregiving Responsibilities
Discrimination against working parents or individuals with caregiving responsibilities violates Title VII if it is based on sex. It is crucial to understand that employers cannot discriminate against employees who associate with a person with a disability by caring for them. Caregiver discrimination is a form of discrimination that should be addressed and reported if encountered.
Retaliation and Interference
Title VII, the PWFA, and the ADA protect workers against retaliation and interference. Retaliation occurs when an employer takes adverse action against an employee for participating in the equal employment opportunity process or opposing any discriminatory practice. Similarly, interference with rights under the PWFA and the ADA is also considered unlawful.
Pregnancy and Other Workplace Laws
In addition to the federal laws mentioned earlier, pregnant workers and new parents may have additional rights under the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees with up to 12 weeks of unpaid leave for the birth or adoption of a child or to care for a seriously ill family member. It is enforced by the U.S. Department of Labor’s Wage and Hour Division.
Furthermore, the Fair Labor Standards Act (FLSA) grants certain rights to workers needing to express breast milk in the workplace. These rights include reasonable break time and a private space, other than a bathroom, to express breast milk. Familiarize yourself with the specific provisions of these laws to ensure you understand your rights fully.
State Laws and Additional Protections
While federal laws provide significant protection to pregnant workers, some state laws offer additional safeguards. These may include accommodations for pregnant workers, both paid and unpaid job-protected leave, protection from discrimination, and additional rights regarding lactation. It is essential to familiarize yourself with the laws specific to your state to ensure you are aware of all the protections available to you.
Taking Action Against Discrimination
If you believe you have experienced discrimination due to your pregnancy or pregnancy-related disability, you have the right to take action. To initiate the process, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws related to employment discrimination. If you are a federal job applicant or employee, you can file a complaint with the relevant federal agency.
Remember, it is crucial to document any incidents of discrimination, harassment, or retaliation and gather any relevant evidence to support your case. Seeking legal advice from an employment attorney can also provide guidance and support throughout the process.
Conclusion
Pregnancy discrimination and pregnancy-related disability discrimination are violations of the law. As a pregnant worker or someone with a pregnancy-related disability, you are entitled to certain protections and accommodations. Familiarize yourself with the federal laws, understand your rights, and take action if you believe you have been subjected to discrimination. By knowing your rights and advocating for yourself, you can help create a workplace that is fair, inclusive, and supportive for all employees, regardless of their pregnancy or pregnancy-related conditions.