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As a pregnant woman, you have the right to work as much as you feel you can handle. Many employers will try to force you to take a workload reduction because you are pregnant. They will ignore your protests that you can work full-time and take on a full schedule even while pregnant.
They will force an accommodation on you that you do not want and did not ask for. Doing so is a form of pregnancy discrimination and is illegal.
If your employer forces an unwanted workload reduction on you because of your pregnancy, you have a right to fight back. You have the right to seek justice. You need an employment discrimination attorney that will help you fight for your right to work.
As a pregnant woman, you (with your doctor) are the only person allowed to determine what restrictions are necessary during your pregnancy. Forcing you to do any of the following would be examples of reducing your workload against your wishes:
Pregnant employees deserve the same rights afforded to temporarily disabled employees. Pregnancy is a temporary medical condition. As a result, the needs are temporary and should be the same as an employee with a temporary disability. Some of these rights include a modified work schedule, paid or unpaid medical leave, modified responsibilities, and workspace accommodations.
In the same vein, temporarily disabled employees cannot be forced to take a reduction in their workload. Therefore, pregnant employees cannot be forced to take a reduced workload.
An employer’s policy and procedures should state how it handles employees with temporary disabilities. The law must follow disability laws by providing accommodations. However, if accommodations are crippling to a business, policies should require employers to find another reasonable accommodation to help disabled employees.
Employers must use these same policies and procedures to accommodate pregnant employees. As long as a pregnant employee can still work, she must be allowed to work. She also must be provided the accommodations to help her to continue her job. The only modifications that employers should provide are the ones she requests. No policy can or should insist you take an accommodation you (or your doctor) did not request.
Several laws protect pregnant employees from any form of discrimination. The laws prohibit employers and their staff from making negative employment decisions against employees based on pregnancy. The laws prohibit employers from enforcing a reduced workload for pregnant employees. They also prevent employers from any form of retaliation based on your pregnancy, including wrongful termination, demotions, denied promotions, and more.
The Pregnancy Discrimination Act (PDA) protects pregnant employees from employers, CEOs, supervisors, managers, co-workers, clients, customers, and non-employees making unfair employment decisions or harassing employees based on pregnancy. These decisions include forcing an employee to take a reduced workload during pregnancy, after childbirth, or after she returns from maternity leave.
The Americans with Disabilities Act (ADA) protects disabled employees from unfair employment decisions and harassment based on their disabilities. It also mandates employers make accommodations for employees as needed. If a pregnant woman has an issue with her pregnancy, that is considered a disability. Disability laws will protect her from discrimination in the workplace.
Many states have laws protecting pregnant women from discrimination in the workplace as well.
Some companies have policies regarding advancements. Policies may state that pregnant employees and other employees with medical conditions or commitments outside of the workplace may not receive promotions. These policies are discriminatory. They can be used as policy evidence to prove your denied promotion was based on your pregnancy.
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Some employers have the right to deny accommodations to employees because they place too much stress on the company. This excessive stress on the company is called an undue hardship, which means the accommodation is not something the employer can financially or physically support. If an undue hardship occurs, preventing an employer from providing an accommodation, the employer must find another accommodation to help the pregnant employee.
Under no circumstances can an employer force a pregnant employee to take a reduction in workload.
If your employer is forcing you to take a reduced workload due to pregnancy, you can file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days. The EEOC accepts charges of discrimination that violate federal laws.
If you want to file your claim in state court, discuss your case with a dedicated pregnancy discrimination lawyer. They can help you determine the best state laws to file your case under, where to file your claim, and the time limit the law provides to ensure your case has its day in court.
When you get forced to take a reduced workload because of pregnancy, you have a right to compensation. You may request your employer to reinstate your job and your benefits.
You may request that your employer changes their company policy that forces pregnant women to take a reduced workload.
You may also ask for financial relief for lost wages, medical expenses, legal costs and fees, pain and suffering and emotional distress. Speak with an experienced employment lawyer to learn more about your available remedies.
An employment discrimination lawyer can help you file your claim for pregnancy discrimination with the appropriate court or agency within the statute of limitations set by federal or state laws. Your attorney will advise you on your pregnancy discrimination claim. They can help you draft your complaint and begin your legal process as quickly as possible.
Additionally, your pregnancy discrimination lawyer will begin negotiating a settlement with your employer from the moment you decide to file a complaint. They will work with you to reach a fair settlement with your employer as quickly as possible. Yet, if your employer refuses to negotiate with you, your attorney will work with you as your advocate until your case reaches the end of the trial and receives a court judgment.
Pregnant employees have the right to work as they see fit. An employer does not have the right to force her to accept a reduced workload for any reason. If you are the victim of pregnancy discrimination in the workplace, the experienced pregnancy discrimination attorneys at the Derek Smith Law Group can help.
Did Your Employer Force a Reduced Workload on You Because of Pregnancy? Do You Want to Know More About Your Rights? Please Call Us at 800.807.2209 or Email derek@dereksmithlaw.com to Learn More About Your Rights.
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