Pregnancy Discrimination
Pennsylvania & New Jersey
DON’T LET YOUR EMPLOYER FIRE YOU!
Has your employer treated you differently because you are a pregnant woman? Did this treatment result in you being fired, demoted, losing a promotion, or being paid unequally?
Even if you are an “at-will” employee, the law protects you from being discriminated against because you are pregnant. Pregnancy discrimination occurs when an employer treats a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Under the Pregnancy Discrimination Act, women affected by pregnancy, childbirth, or related medical conditions must be treated the same as their coworkers for all employment-related purposes. This law indicates that discrimination against pregnant workers as a violation of workers’ civil rights and a form of sex discrimination.
Thus, an employer cannot terminate a woman or refuse a woman a job offer or a promotion because she is pregnant. Additionally, an employer that allows temporarily disabled employees to take disability leave or leave without pay must allow an employee who is temporarily disabled due to pregnancy to do the same. An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work.
Your Rights
Although pregnancy discrimination is considered to be a form of gender discrimination, it frequently overlaps with disability discrimination and the protections afforded by the Americans with Disabilities Act. (Link to Disability Discrimination Page). Pregnancies sometimes result in impairments that are considered to be disabilities under the law. Depending on the circumstances, an employer may have to provide their employees with accommodations due to pregnancy-related impairments so that pregnant employees can safely perform their jobs.
Victims of pregnancy discrimination may also have a claim under the Family and Medical Leave Act (“FMLA”) (Link to FMLA page). Under this law, you may take up to 12 weeks of unpaid leave in any 12-month period. When you return to work, you must be allowed to resume the same job you had before your leave, and you must be entitled to the benefits and entitlements you had previously. You may also continue to receive group health insurance and benefits during your leave.
If your employer is treating you differently because you are pregnant, please contact the Law Offices of Eric A. Shore, P.C. One of our experienced employment attorneys will speak with you and determine what can be done to get you justice.
