Expecting a child can be a beautiful experience in a woman’s life. However, the fact that you are pregnant should not stop you from receiving the same benefits as your co-workers. If your employer has shown discrimination on the basis of pregnancy, childbirth, or other related conditions, you may be able to sue them.
While it is illegal for employers to treat pregnant women differently, discrimination cases are still prevalent. An employment attorney virginia can help you pursue legal action and hold your employer accountable for misconduct.
FAQ about workplace pregnancy discrimination
Which workplace discriminatory actions are prohibited by the law?
A woman cannot be legally fired, demoted, or not hired because she is pregnant. This law applies to all areas of employment, such as pay, job assignments, layoffs, fringe benefits, training, promotions, etc.
Which law protects pregnant women against discrimination?
Under Title VII law, the Pregnancy Discrimination Act (PDA) seeks to protect pregnant women from workplace discrimination. Title VII did not initially protect pregnant women, but it underwent a change in 1978 and extended the core of protection.
Can a pregnant woman be fired for taking maternity leave?
Previously, employers used to fire pregnant women for taking maternity leave. However, The Parental Leave Act established in 2018 provides job security for women. Under this act, your employer cannot terminate you if you meet the following criteria.
- You have worked 1250 hours throughout the past year.
- You have worked for at least a year for your current employer.
- Your employer has at least 50 people working for them worldwide.
- Your employer has at least 25 people working for them within a 75-mile radius.
Are employers allowed to ask women if they are pregnant?
While it is not illegal for employers to ask women about their pregnancy status, this practice is often discouraged. It could play an important role when investigating the alleged charges of discrimination.
Does discrimination end after the pregnancy?
In many cases, the discriminatory behavior continues even after the baby is born. The mother may be criticized, harassed, face pay cuts, and face unreasonable treatment for taking time to care for their newborn. Even new fathers who take leaves to care for their babies may face this kind of discrimination.
Can you be forced to take maternity leave if you can perform your job?
If you can perform your job duties without posing a threat to the baby, your employer cannot ask you to take leave from work. They may have your best intentions at heart, but it still violates the PDA.
If you are a pregnant working woman, you must know your rights and exercise them. If you believe your rights were violated, attorneys can provide the help you need.