Thanks to the Equal Employment Opportunity Commission (EEOC) and the Pregnancy Discrimination Act of 1978, it has become federal law that no employer can discriminate against any pregnant employee or those with any pregnancy-related medical conditions. It is a similar situation to other employees with different kinds of medical conditions, and the legal requirement of employers to provide the same opportunity to those individuals that are given anyone without any medical issues.
Those pregnant employees who have been discriminated against or not given the same accommodations or benefits that other employees receive may be able to file a pregnancy discrimination claim. If you or a loved one has been impacted by pregnancy discrimination on the job or were not given the same or similar position as other employees, contact an employment law firm such as ours at J.P. Ward & Associates in Pittsburgh, Pennsylvania, to discuss the legal process.
Ways That a Pregnant Employee Can Be Discriminated in the Workplace
When an employee becomes pregnant, that individual may eventually not be able to fulfill her job duties as prescribed by the employee handbook. The employee’s pregnancy will also result in the need for maternity leave once the baby is born. According to the Pregnancy Discrimination Act of 1978, an employer is not permitted to find a replacement for the pregnant employee or treat her differently due to the pregnancy.
There are, unfortunately, many instances of employers acting against this law and discriminating against a pregnant employee based on her condition. Some of the most common examples of this type of sex discrimination include:
- Not allowing pregnant employees to apply for any promotion or different job opportunity for which they qualify
- Failing to hire a pregnant employee for a job she is qualified for because of the pregnancy
- Failing to provide maternity leave or forcing the employee to return from leave sooner than expected
- Unequal treatment of pregnant women while on the job
- Replacing the employee during maternity leave and failing to allow the employee to return to their position following the maternity leave
- The employer determines which job-related tasks can be done by the employee rather than the employee making that decision herself.
If you have encountered these or other forms of pregnancy discrimination, contact our employment law firm J.P. Ward & Associates in Pittsburgh, Pennsylvania, to find out if you have an unlawful sex discrimination case.
What Is the Pregnancy Discrimination Act?
Sex discrimination based on sexual orientation and gender identity has been prohibited in the workplace since the passing of Title VII of the Civil Rights Act of 1964. This Act was then amended in 1978 to include discrimination against pregnant workers and became known as the Pregnancy Discrimination Act of 1978. Under this amendment, employers were prohibited from discriminating against workers based on pregnancy, childbirth, or any medical condition related to the pregnancy.
This pregnancy discrimination includes hiring a pregnant applicant, firing a pregnant employee, pay, job duties and assignments, raises or promotions, training opportunities, and anything else that may be related to the employment. Those who have been treated unfairly due to pregnancy need to contact an experienced pregnancy discriminationJ.P. Ward & Associates to discuss the case for pregnancy-related employment discrimination.
Protections Afforded under the Pregnancy Discrimination Act
In addition to the fair and equal treatment required by the Act, it also requires employers to provide certain accommodations, if needed, to pregnant employees. These accommodations would be the same type of treatment that any other employee with a temporary disability would also receive.
Some of these types of accommodations include allowing the pregnant employee to determine what job duties she is able or unable to complete, adjusting assignments, unpaid leave, accommodations related to any pregnancy-related medical condition such as preeclampsia or severe morning sickness, and maternity leave under the Family Medical Leave Act.
Why Should Pregnant Employees Contact a Pregnancy Discrimination Lawyer in Pennsylvania?
When it comes to pregnancy discrimination in the workplace, no employee should have to tolerate that improper and illegal treatment. Having a baby is not something that an employer should be allowed to take advantage of when it is related to their employees’ ability to work and receive fair and equal treatment.
Those employees who have been forced to deal with a hostile work environment, unfair employment practices, or the elimination of job duties should take legal action and enlist the assistance of an experienced pregnancy discrimination lawyer. With ample experience and expertise in the practice areas associated with employment law, including pregnancy discrimination, our team at J.P. Ward & Associates in Pittsburgh, Pennsylvania, will work diligently to get the justice and compensation you deserve for the illegal discrimination you suffered.
In general, we may be able to fight for such compensation as:
- Promotions (that you would have qualified for)
- Job placements
- Back pay and any benefits
- Court costs
- Compensatory and punitive damages
- Lawyers’ fees
- Expert witness fees
Whenever discrimination occurs in the workplace, it needs to be stopped immediately, and those who suffered from the discriminatory acts deserve to be compensated for damages sustained.
Contact Our Pittsburgh, PA, Pregnancy Discrimination Lawyers to File Your Employment Law Case
If you or a loved one experienced pregnancy discrimination at your place of employment, contact J.P. Ward & Associates in Pennsylvania. Our skilled and experienced discrimination lawyers are here to answer your questions and address any concerns you may have about the legal process.
Everyone is well-aware that gender discrimination and pregnancy discrimination are illegal, but some employers believe that they can get away with unfair and improper treatment of their employees. When you hire the pregnancy discrimination lawyers at J.P. Ward & Associates, we will ensure that your employers are not permitted to exploit workers or treat them unfairly, especially in the case of pregnancy and pregnancy-related medical issues.
Call J.P. Ward & Associates today to learn more about filing a pregnancy discrimination case and how our attorneys can help you.