Understanding Employer Discrimination Against Parents

It is hard enough to be a parent without being discriminated against in the workplace.  There are several employer discrimination laws in place to protect women during pregnancy and the first year of their children’s life.  However, many employers simply don’t respect laws governing pregnancy and a new mother’s needs. This can include everything from proper working conditions, maternity leave, and breastfeeding. As a child grows workplace cultures doesn’t seem to let up either. Most employers simply don’t support a healthy work-life balance for parents. Many studies have been conducted to research how workers with children are treated versus other employees.

Workplaces Doing it Right

Fortune Magazine published a list of the 50 best workplaces for parents in 2016. At the top of the list was PricewaterhouseCoopers. Employees are given a whooping 130 business days of maternity leave after childbirth. 75 of those days are fully paid. Fathers get the same 130 days with 30 of those days fully paid. They also offer their employees child care cost reimbursement for work travel or for working late. Employees enjoy a workplace culture that gives them the freedom to attend school functions and give their children adequate attention. Other companies on the list included Edward Jones, Ultimate Software, and VMware.

Employer Discrimination for Parents

Unfortunately, parenthood is not a protected class under state and federal laws. However, there are laws that do protect new parents and pregnant women. The U.S. Equal Employment Opportunity Commission defines pregnancy discrimination as treating a woman employee or applicant unfavorably because she is pregnant, has given birth, or has a medical condition related to pregnancy and birth. If a woman is unable to perform her job due to a pregnancy or childbirth related health condition the employer must give her the same treatment as any other temporarily disabled employee. This can include alternative assignments, disability leave, and unpaid leave. Impairments that are caused by the pregnancy like gestational diabetes and preeclampsia can be considered disabilities as well.

Employer Discrimination and Breastfeeding

There are also laws that protect new mothers that are breastfeeding as well. When a new mother is away from her child for extended periods it is necessary for her to pump breast milk to feed the baby later. Without pumping, a mother will stop producing the milk her child needs. According to a study conducted by Lindsey Murtagh, JD, MPH of the of the Harvard School of Public Health and Anthony D. Moulton, PhD of the Georgia Center for Disease Control and Prevention, workplace barriers contributed to low rates of breastfeeding in 2009. In 2010 the enactment of the “reasonable break time” provision of the Patient Protection and Affordable Care Act sought to battle this issue.

Contact an Attorney Today

If you feel that you are a victim of Employer Discrimination be sure to get the help you need today. Contact the Law Office of Perry Pinon today. We can give you the adequate representation and compensation you deserve.