Important Facts About Pregnancy Discrimination and Your Rights as a Pregnant Employee
Pregnancy should be a time of excitement and anticipation, but for some women, it also brings concerns about job security and fair treatment in the workplace. Fortunately, U.S. federal laws protect pregnant employees from discrimination and ensure they are treated fairly. Here’s what you need to know about pregnancy discrimination laws in the workplace, your rights, and how to seek justice if you experience unfair treatment due to pregnancy.
Have Questions About Your Rights Against Pregnancy Discrimination? Contact the Derek Smith Law Group at 800-807-2209 for a free, confidential consultation. We’re here to help.
1. Pregnancy is Treated as a Temporary Disability
Under federal and state laws, pregnancy is often treated similarly to a temporary disability, which means pregnant employees are entitled to reasonable accommodations just like other employees with temporary conditions. Employers are required to provide accommodations that allow pregnant employees to continue working safely, as long as these adjustments are not excessively difficult or costly for the employer.
Example: If a pregnant cashier is struggling to stand for long periods due to back pain, her employer might provide a stool or chair so she can sit while working. This minor adjustment allows her to continue performing her duties without undue hardship on the employer.
Key Takeaway: Employers cannot fire, refuse employment, or treat pregnant employees differently from other employees who can perform their job duties without accommodations, or simply due to the fact that they are pregnant. Most pregnant employees can still perform their job with minor adjustments related to their pregnancy.
2. Employers Are Required to Provide Reasonable Accommodations for Pregnant Employees
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, ensures that pregnant employees have the right to reasonable accommodations. These might include adjusted duties, more frequent breaks, or seating arrangements. Employers must provide reasonable accommodations for pregnant employees, as long as they do not create a significant difficulty or expense (known as ‘undue hardship’) for the employer. Employer cannot force a pregnant employee to accept an accommodation they do not want.
Examples of Reasonable Accommodations:
- Extra bathroom breaks
- Ability to sit instead of stand
- Lighter workload if needed
Example: Suppose a pregnant warehouse worker requests lighter duties due to restrictions on heavy lifting. If her employer can temporarily assign her to a task that doesn’t involve lifting heavy objects, this would be a reasonable accommodation that allows her to continue working safely. Similarly, in an office setting, a pregnant employee with severe morning sickness may request a flexible start time to manage her symptoms. As long as it doesn’t cause significant difficulty or cost, this adjustment could be considered a reasonable accommodation.
Key Takeaway: Employers must collaborate with pregnant employees to identify suitable accommodations, this is known as “engaging in the interactive process”, as long as the accommodations are not excessively burdensome to the employer.
3. Your Rights Under the Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) of 1978 protects employees from discrimination based on pregnancy, childbirth, or related medical conditions. This means employers cannot fire, demote, or refuse to hire someone simply because they are pregnant or might become pregnant.
Under the PDA, employers are required to treat pregnancy-related limitations in the same way they would treat any other temporary disability. For example, if an employer provides accommodations for employees with temporary medical conditions, such as modified duties or extra breaks, they must provide similar accommodations for pregnant employees. This ensures equal treatment in areas such as hiring, promotions, leave policies, and job security.
Example: Imagine a pregnant delivery driver has a lifting restriction due to her pregnancy. If her doctor advises that she not lift more than 20 pounds, she can request a light-duty assignment to accommodate this restriction. The PDA would require her employer to consider her request in the same way they would for an employee with a temporary back injury, ensuring that pregnancy-related needs are given equal consideration.
Key Takeaway: The PDA safeguards pregnant employees by requiring employers to treat pregnancy-related limitations like any other temporary disability, ensuring fair treatment throughout employment, from hiring to promotions and job security.
4. Can You Sue for Being Fired While Pregnant?
If you were fired because of your pregnancy or pregnancy-related condition, you may have grounds for a lawsuit. Here are the main legal protections available to you:
- The Pregnancy Discrimination Act (PDA): Protects employees from being fired due to pregnancy, childbirth, or related conditions.
- The Pregnant Workers Fairness Act (PWFA): Requires employers to provide reasonable accommodations for pregnancy-related conditions.
- Americans with Disabilities Act (ADA): While pregnancy itself is not a disability under the ADA, pregnancy-related medical conditions (like gestational diabetes) that limit work activities may qualify as disabilities, entitling the employee to protections and accommodations.
If you were fired after requesting accommodations or because of a pregnancy-related condition, these laws may give you grounds to take legal action.
Example: A pregnant office employee with gestational diabetes needs regular breaks to manage her blood sugar levels. If she requests breaks and is then terminated, this could be considered discrimination. She might have grounds to sue under the PDA, PWFA, or ADA protections.
5. Your Protection Against Retaliation for Pregnancy-Related Requests
It is illegal for employers to retaliate against employees for exercising their rights, such as requesting accommodations or filing complaints about workplace retaliation protections related to pregnancy discrimination. If you were fired or treated unfairly after asserting these rights, you might have a retaliation claim.
Example: If a pregnant employee requests frequent breaks due to nausea and fatigue as an accommodation for her pregnancy and then faces punitive actions like reduced hours, negative performance reviews, or exclusion from projects, these actions could be considered retaliation. Retaliation for making pregnancy-related requests is illegal, and the employee may have grounds to file a complaint if she experiences negative treatment after seeking accommodations.
Key Takeaway: If you face retaliation for standing up for your rights, you have additional protections that may entitle you to legal recourse.
6. Leave Policies for Pregnant Employees
Employers cannot force pregnant employees to return to work before they are medically able. Pregnancy-related leave must be treated similarly to leave for other temporary disabilities. Employers are not required to extend leave beyond what is medically necessary unless they offer additional leave to other temporarily disabled employees.
Key Takeaway: Pregnant employees should be granted necessary medical leave without pressure to return before they are ready.
7. The Right to Express Milk at Work
The Fair Labor Standards Act (FLSA) and the PUMP Act protect the rights of nursing mothers to express milk at work. Employers must provide a private space (not a bathroom) for nursing mothers to pump. The PUMP Act expanded existing FLSA protections to cover nearly all employees, including salaried employees, ensuring that they have the right to a private space to express milk.
Key Takeaway: Nursing mothers are entitled to time and privacy to express milk at work, ensuring they can manage both work and childcare responsibilities.
8. Coverage Under the Pregnant Workers Fairness Act (PWFA)
The PWFA also ensures that employers provide reasonable accommodations for pregnancy-related medical conditions, as long as the condition arises from the pregnancy. Examples include conditions like chronic migraines, high blood pressure, nausea, or carpal tunnel syndrome that develop as a result of pregnancy.
Key Takeaway: The PWFA covers accommodations for medical conditions related to pregnancy, ensuring support for various health needs that may arise during pregnancy.
9. State-Specific Protections for Pregnant Employees
While federal laws provide baseline protections, many states offer additional rights and benefits for pregnant employees. Some states mandate paid leave for pregnancy-related conditions or childbirth, or provide extra protections against discrimination. For instance, California and New York have additional protections, including paid family leave and more comprehensive pregnancy accommodations. Checking your state’s specific regulations can help you understand the additional rights available.
Key Takeaway: Be sure to check your state laws for any additional protections, as some states offer extended rights beyond federal requirements. State laws may provide benefits such as paid family leave, extra protections against pregnancy discrimination, or additional accommodations specific to pregnancy and childbirth. Understanding your state’s specific laws can help you make the most of the rights available to you. If you’re unsure about your state protections or need guidance, consider consulting an experienced employment lawyer to clarify your rights and options.
Potential Outcomes of a Pregnancy Discrimination Lawsuit
If you believe your rights as a pregnant employee have been violated, you may have grounds for a lawsuit. A successful pregnancy discrimination lawsuit can provide several types of remedies, each aimed at restoring fairness and addressing the harm you experienced. Here’s what you could expect if you win your case:
- Reinstatement: If you’ve been unfairly terminated, demoted, or denied a promotion due to pregnancy discrimination, a court may order your employer to reinstate you to your previous position or a similar role. This allows you to continue your career without the setback caused by discriminatory actions.
- Compensation: Courts can award financial compensation to cover the financial losses you’ve suffered. This can include:
- Back Pay: Wages lost due to the discrimination, such as lost salary or hourly wages from the time of termination or missed promotions.
- Front Pay: If reinstatement isn’t possible or practical, courts may award future earnings you would have made had the discrimination not occurred.
- Emotional Distress Damages: Compensation for mental and emotional suffering caused by the discrimination, including anxiety, depression, or stress related to job loss or unfair treatment.
- Punitive Damages: In cases of severe or intentional discrimination, courts may award punitive damages to penalize the employer and deter similar behavior in the future. Punitive damages are typically higher than other damages and reflect the seriousness of the employer’s misconduct.
- Coverage of Legal Fees: Lawsuits can be costly, but if you win, the court may require the employer to cover your legal fees, including attorney’s fees, court costs, and other related expenses. This helps reduce the financial burden of seeking justice and ensures that you aren’t penalized for standing up for your rights.
Frequently Asked Questions (FAQ)
What qualifies as pregnancy discrimination?
Pregnancy discrimination in the workplace includes any adverse treatment of an employee due to pregnancy, childbirth, or related medical conditions. This can include firing, demoting, refusing to hire, or denying accommodations due to pregnancy.
Can my employer deny me extra breaks during pregnancy?
No, if a pregnant employee requires additional breaks as a reasonable accommodation (such as bathroom breaks or breaks for nausea), the employer is generally required to provide them, as long as they don’t create undue hardship.
What should I do if I face pregnancy discrimination at work?
Document any instances of unfair treatment, file a complaint with the EEOC, and consult an employment lawyer to discuss your rights and options.
A Leading Pregnancy Discrimination Lawyer Can Help You Get the Compensation You Deserve
If you’re pregnant or planning to start a family, it’s crucial to understand your rights in the workplace. Laws like the PDA, PWFA, and ADA protect you from discrimination, provide reasonable accommodations, and ensure you are treated fairly. If you believe your rights are being violated, consulting an employment lawyer and filing a complaint with the EEOC are essential steps to seeking justice and possible compensation.
Need Help? If you have questions about pregnancy discrimination or believe your rights as a pregnant employee are being violated, contact Derek Smith Law Group, a leading employment lawyer at 800-807-2209 for a free, confidential consultation. We are here to support you and protect your future.
