As per Federal Law, firing or not hiring a pregnant woman due to her pregnancy is against the law. Provided she can perform the primary responsibilities of her job, she has all the right to keep working in her current organization. Even if the company decides to demote her or dock her paychecks because of her pregnancy, then that would be against the rules. All in all, it is illegal for your organization to discriminate against you on the basis of pregnancy. The federal law provides many facets to pregnancy rights in the workplace. This article aims to inform you about the pregnancy and work laws to enrich you all in pregnant employee rights.
The discrimination faced by pregnant workers
If you are pregnant or have chances of becoming so soon, you can be subject to pregnancy discrimination at your workplace. Surveys suggest almost 70 percent of pregnant workers face mild to extreme versions of pregnancy discrimination at their workplace. This comes from their colleagues, managers, and even subordinates. In some cases, the discriminating person might perform the same unconsciously. In most cases, this isn’t so.
Often your managers might force you to take leaves based on your situation, even though you do not require it. In the harshest cases, organizations strip their pregnant workers of their respective job roles on the basis of incompetency. From pay cuts to demotions, pregnant workers have to face many forms of discrimination in their workplace.
To fend off such instances of discrimination, one must learn a bit about the laws protecting pregnant employees and how it defends pregnant workers against discrimination. You can get helpful information regarding the same at Lawrina. Here are the common questions regarding pregnancy rights at work that come to mind and whose answers can help you tackle the same.
Could you get fired if your employer knows about your pregnancy?
The most obvious concern for workers is job security. Under any circumstances, one wouldn’t like to lose his or her job unless compelled to. The question might seem vague at first glance but is very relevant. Many women are subject to such dire consequences at their workplaces, and hence it’s vital to learn the working while pregnant laws prohibit it.
The PDA of the Federal law prohibits all of the following bases of discrimination.
- Present pregnancy
- Upcoming pregnancy
- Any medical condition relating to pregnancy
- Have you had an abortion, or are you planning one
This generally implies that your boss cannot fire you on the grounds of anything related to pregnancy. He does not have to employ you in a job role that poses a risk to your health or that you are unable to do. But he certainly cannot take away your job if you are able to perform the related tasks yourself without any hassle.
What to when I am harassed due to my pregnancy?
The PDA and ADA strictly prohibit any form of harassment based on pregnancy or any medical condition related to it. So next time any coworker harasses you on similar grounds, ensure that you inform your employer about the same. It is on him or her to stop such nuisances. IF your employer has established any process for reporting such incidents, then do oblige. Once you file a formal report regarding your harassment, your employer will be legally obliged to take necessary actions to prevent such cases in the future.
What to do when you face problems doing your job because of pregnancy-related conditions?
If you have any problems doing your daily job shifts because of your pregnancy or related conditions, you need to report the same to your employer. If the problem arises due to long-distance travel or long working hours, your employer would be able to help you. He might be able to offer you accommodation that provides you safety while performing your job shifts. Moreover, he also can provide provisions that include altered work schedules and breaks, ergonomic office furniture, and even work-from-home facilities. If you face any accommodation-related limitations, your employer might be able to get you one under the ADA.
If you are suffering from any pregnancy-related disorder like anemia, cervical insufficiency, preeclampsia, depression, etc., the ADA gets appropriate and reasonable accommodation. You may not have any particular accommodation in mind while you ask for one. But it does help if you have one and ask specifically for it. The employer can also choose the one that suits you as well as his organization.
What should you do if you cannot work at all because of your pregnancy?
If you have no paid leaves and are unable to work at all, your employer can still accommodate unpaid leaves for you. The family and medical Act enforced by the USA Dept. of Labor can help you in such cases with a few more leaves. In some states, some laws provide additional protections on top of unpaid leaves.
What should you do if you feel that someone has violated your rights?
The EEOC or Equal Employment Opportunity Commission helps us decide the next steps. They can conduct an investigation provided you decide to file a discrimination charge. You need to file a charge within 180 days of the alleged violation for any legal action to commence. If your employer is covered by a local or state employment discrimination law, this period will extend to 300 days. The best course of action is to begin as early as possible. Your employer doesn’t have the right to retaliate against you for filing a charge or contacting the EEOC. If you are subjected to such discrimination, you can file an official complaint.
Conclusion
Your pregnancy can never cause discrimination, especially at your workplace. The Federal Law has accounted for such discriminative acts and can protect you from it all. Just remember to report it accordingly to your employer. The above guidelines might be able to help you protect yourself from workplace discrimination based on pregnancy.
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