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The Pregnancy Discrimination Act and the Americans with Disabilities Act May Entitle You to Reasonable Accommodations to Allow You to Continue Working While Pregnant
As a general rule, an employee who has a pregnancy-related disability is entitled to a reasonable accommodation that will allow her to continue working through her pregnancy. An employer may not force a pregnant employee to take a leave of absence if she is able to perform her job with the reasonable accommodation. An accommodation for a pregnant employee is reasonable if the employer provides similar accommodations for employees with other types of temporary disabilities. An accommodation may not be reasonable if it imposes an undue burden or cost on the employer. Some examples of reasonable accommodations for pregnant employees include:
If a reasonable accommodation cannot be provided, the employer must allow a woman with limitations resulting from pregnancy to take a leave of absence on the same terms and conditions as other employees who are similar in their ability or inability to work. An employer may not impose different or greater restrictions on pregnant employees who seek medical leaves than on employees who seek medical leaves for other reasons. In other words, employers may not discriminate against pregnant women when it comes to leaves of absences. For example, an employer:
If you have been denied an accommodation or leave of absence for your pregnancy – or if you have been fired, demoted or denied a promotion because of your pregnancy – you should consult with a pregnancy discrimination lawyer immediately to protect your rights. There are strict time deadlines and procedural requirements for filing a claim of pregnancy discrimination. To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer, call John Howley, Esq. at (212) 601-2728.
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The Pregnancy Discrimination Act provides important protections for employees who want to continue working during their pregnancy and for those who require leaves of absence to address pregnancy-related illnesses or disabilities.
The key word is discrimination. Whatever rules or policies the employer puts in place for employees who cannot work due to an illness or temporarily disability must apply in the same way to employees who cannot work due to a pregnancy-related condition. Mandatory Pregnancy Leaves Are Prohibited The Pregnancy Discrimination Act prohibits an employer from forcing an employee to take a leave of absence because she is pregnant, or requiring an employee to remain on leave for a period of time after giving birth. A pregnant employee who is able to perform her job cannot be forced to take a leave of absence. Pregnant employees must be treated like any other employee who is able to do their job. In addition, if an employee is absent from work due to a pregnancy-related medical condition, and then recovers, she cannot be forced to remain on leave until childbirth. The pregnant employee who has a temporary illness or disability must be treated the same as any other employee with a temporary illness or disability. Pregnancy Leaves Must Be Granted on the Same Terms as Any Other Medical Leave Employers may not impose special rules or restrictions on medical leaves related to pregnancy. The same rules that apply to leaves of absence to address medical conditions must apply to leaves related to pregnancy. For example, an employer may not fire a pregnant employee for absences if the absences are covered by the employer’s sick leave rules. An employer may not require a pregnant employee to exhaust her sick leave before using vacation or personal days, if the employer allows other employees to use vacation or personal days to take time off for medical reasons. Employers may not limit pregnancy-related leaves to a shorter duration than other types of medical or short-term disability leaves. If the employer allows employees to take a leave of absence without pay because of a temporary disability, then the employer must also allow the same type and duration of unpaid leaves for employees who are temporarily disabled due to pregnancy. Returning to Work After a Pregnancy Leave of Absence An employer must also hold open a job for a pregnancy-related absence for the same length of time that jobs are held open for employees on sick or temporary disability leave. If the pregnant employee used leave under the Family and Medical Leave Act (FMLA), then the employer must restore the employee to her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Pregnant employees may have additional protections under the Americans with Disabilities Act (ADA), including the right to accommodations so they can continue working. If you believe that you have been discriminated against because you are pregnant, you should consult with an experienced pregnancy discrimination lawyer to protect your rights. You must act quickly because there are strict time limits and procedural requirements for filing a pregnancy discrimination claim. To schedule a free and confidential consultation, call John Howley, Esq. at (212) 601-2728. The civil rights laws protect you from illegal discrimination, harassment, and retaliation at work. One of these laws, the Pregnancy Discrimination Act of 1978 (PDA), specifically prohibits discrimination against employees because they are pregnant, intend to become pregnant, or have a pregnancy-related illness or disability.
Pregnancy Discrimination is Against the Law An employer may not refuse to hire you, refuse to promote you, fire you, or take any other adverse action against you just because of your pregnancy. Your employer may not use your pregnancy to demote you, force you to take a leave of absence, or decrease your hours. Your employer cannot change you job responsibilities because of your pregnancy, even if your employer believes that the change would be in your best interest. For example, your employer may not exclude you from working in a warehouse, a laboratory, or around chemicals out of concern for your health. Only you and your doctor can decide whether you should continue working in those environments. Accommodations for Pregnant Employees The Pregnancy Discrimination Act requires employers to accommodate pregnant women as they would any employee who is temporarily disabled. This means that a pregnant woman is entitled to be treated the same as any other employee who has a short-term disability. For example, if a man who cannot lift heavy objects due to a temporary back injury is allowed to continue working on light duty, then a pregnant woman who cannot lift heavy objects during her pregnancy is also entitled to continue working on light duty. If you have a pregnancy-related illness or disability, you may also have rights under the Americans with Disabilities Act (ADA). Returning to Work After a Pregnancy Your legal protections continue after you give birth. Under the Family and Medical Leave Act (FMLA), you and your spouse are entitled to up to 12 weeks of unpaid leave to care for yourself and your child. And, once you return to work after a pregnancy, your employer must restore you to the same position or a similar one. That said, you are not required to stay out of work for any period of time after you give birth. You are entitled to decide for yourself when you are ready to return to work. Finding a Pregnancy Discrimination Lawyer in New York If you have been fired or otherwise discriminated against at work because of a pregnancy, then you should consult with a pregnancy discrimination lawyer promptly to protect your rights. Do not delay. There are strict time limits and procedural requirements to assert your claims. To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer in New York, call John Howley, Esq. at (212) 601-2728. The federal government receives about 6,000 complaints of pregnancy discrimination every year. In addition, a large number of pregnancy discrimination cases are settled by private lawyers before any formal complaints are filed.
Some obvious examples of pregnancy discrimination in the workplace are: A woman is fired shortly after her boss learns that she is pregnant; or an employer refuses to hire a pregnant woman who is obviously qualified for the position. The Pregnancy Discrimination Act, however, prohibits all forms of pregnancy discrimination, including discrimination in job assignments, work schedules, break time, compensation, promotions, leaves of absence, and health insurance. Employers may not discriminate against employees in any of these terms and conditions of employment based on their current pregnancy, past pregnancy, or potential pregnancy. You may also be protected by the Americans with Disabilities Act. While a normal pregnancy is not considered a disability, some pregnancy-related medical conditions such as gestational diabetes and preeclampsia may be. Absent undue hardship, an employer must provide a reasonable accommodation to enable you to continue working with these conditions, such as modifications in work assignments, locations or schedules. Proving pregnancy discrimination usually comes down to four facts. The first fact is timing. Changes in your employment shortly after your boss learns that you are pregnant or plan to become pregnant raises an inference that the change was caused by your pregnancy. The second fact is unequal treatment. For example, if men with temporary disabilities that prevent them from lifting heavy objects are given light duty, but women who cannot lift heavy objects temporarily because of their pregnancy are denied light duty, there is an inference of pregnancy discrimination. The third fact is statements by your employer. Obviously, if you have a statement from your employer that you are being denied a promotion because you are pregnant, that is very good evidence of pregnancy discrimination. Other pregnancy-related comments may also be considered evidence that your employer acted because of your pregnancy and not some other reason. The fourth fact is your job performance before the adverse employment action was taken. Employers often try to explain away pregnancy discrimination by pointing to an employee’s job performance or attendance record as the reason for an adverse employment action. If you have consistently received excellent performance evaluations, you should get copies of those evaluations and keep them at home. They may be important evidence if the employer tries to blame your performance or attendance as the reason for an adverse employment action. The Pregnancy Discrimination Act and the Americans with Disabilities Act provide strong protections against pregnancy discrimination. But you must act promptly if you believe that your rights have been violated. Both statutes have strict limits on how and when you can bring your claim. To schedule a free and confidential consultation with an experienced pregnancy discrimination lawyer, call John Howley, Esq. at (212) 601-2728. |
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