Despite the fact that there has been federal protection against the discrimination of women in the workplace due to their pregnancy status since 1978, the rights of pregnant women in the workplace has become a “hot button” issue. Pregnant women receive protection against discrimination based upon their pregnancy status under both State and Federal laws. This article will highlight some of the basics for employers but is in no manner comprehensive of all the rights and protections that pregnant employees enjoy in the workplace, for a more comprehensive discussion please contact Thomas Law Group.
The basic legal protection for women who are pregnant or women who may become pregnant is essentially that employers are not able to discriminate against them based upon their pregnancy status or the fact that a female employee may become pregnant in the future. The protections against discrimination in the workplace include but are not limited to the following:
1) Pregnant women cannot be fired because they are pregnant;
2) An employer cannot refuse to hire a woman because she is pregnant or may become pregnant;
3) After a child is born women who return to work have the right to pump breast milk at work;
4) Pregnant women cannot be forced to change jobs or take time off during their pregnancy;
5) Pregnant women cannot be harassed based upon their pregnancy.
Although these listed protections seem obvious and easy to comply with employers often violate them, even with the best of intentions. Employers are not able to reassign women to different job positions based upon their pregnancy status. For example, pregnant women cannot be reassigned to a different job position because the employer is trying to “protect” the pregnant women and unborn child by reassigning the pregnant employee to a job that the employer feels a pregnant employee is able to do or to reassign the pregnant employee away from job duties the employer feels are too risky for pregnant women to complete. Further, pregnant women that return to the workplace are entitled to return to the same job position they held prior to the birth of their child. A pregnancy without complications is not considered a disability and does not entitle pregnant women to special accommodations in the workplace. However, if there are complications with the pregnancy or other medical restrictions due to the pregnancy the employer is required to treat the pregnant employee the same as other employees with medical impairments or restrictions.
Pregnant women have a plethora of options available to them when pursuing a discrimination claim. They can bring a lawsuit directly against the employer or file a claim with the United States Equal Employment Opportunity Commission (EEOC). Filing a claim with the EEOC, a federal administrative agency, is at no cost to the employee and if the claim is pursued by the EEOC the employer will be forced to defendant itself at substantial expense.
Contact Thomas Law Group to discuss how to establish policies and procedures that will help protect you against claims made by pregnant women in the workplace.
