Understanding Job Discrimination and Pregnancy
It’s an unfortunate fact that when it comes to motherhood and the workplace, the U.S. is far behind in comparison to other developed countries. From child care costs to maternal leave, mothers striving to have a career and a family are faced with all types of obstacles. The most shocking fact is that job discrimination aimed at mothers in the workplace can start long before Junior is actually here. Though pregnancy discrimination happens at an alarming rate from blue collar, to pink, to white, recent findings have shown that the most job discrimination complaints being filed through the Equal Employment Opportunity Commission (EEOC) are through low wage workers.
What Constitutes Job Discrimination Due to Pregnancy?
The Pregnancy Discrimination Act lays out specific instances of professional backlash that an employer cannot commit against a woman for reasons of pregnancy or pregnancy related medical conditions. For example, an employer may not sideline, withhold promotions, or force a pregnant woman on leave if she is capable of fulfilling her duties. In addition, withholding training or other opportunities for advancement can also be viewed as job discrimination if it can be proven that it was due to a pregnancy. Recently, a high powered executive reported her employers for sidelining her career due to her expressing she might get pregnant.
When it comes to employers rights, they do have the responsibility of providing equal benefits to all employees. So, if an employer allows another employee to work from home due to a disability or illness, they are responsible for providing those same accommodations for a pregnancy related issue. However, the Pregnancy Discrimination Act applies only to employers that have 15 employees or more. The other federal protection act that mentions pregnancy and other pregnancy related discrimination is the Family Medical Leave Act, or FMLA. Unfortunately, this particular act only applies to employers that have 50 or more employees.
What Should I do if I Suspect Pregnancy Discrimination?
Being a victim or a witness to job discrimination, no matter the reason, is never a pleasant experience. If you suspect that you are being discriminated against due to pregnancy, it’s time to talk to an employment lawyer. In order to file a job discrimination claim, you must first make sure that it is a case of discrimination. Part of this is knowing what kind of proof you need to have in order to be successful in your claim.
Call Our Offices Today!
The Law Office of Perry Pinon, we can help you determine if you have a case for job discrimination due to pregnancy or anything else covered by the Civil Rights Act of 1964. No one deserves to be treated as less, especially in the workplace, due to pregnancy, race, sexual orientation, or anything else. It’s time to fight back- contact our lawyer today!