What Constitutes Pregnancy Discrimination

Pregnancy discrimination occurs when applicants or employees are treated unfairly due to their pregnancy, childbirth, or medical conditions caused by pregnancy. Pregnancy discrimination can also include the following:

• An employer refusing to hire a pregnant applicant
• An employer demotes or fires a pregnant worker
• An employer does not allow a pregnant employee to return to their job after parental leave
• A pregnant employee is treated differently by their supervisor and coworkers
• A pregnant employee does not receive the same treatment as temporarily disabled employees at the same company
• A man is not granted employee health insurance coverage for his wife’s pregnancy, while a woman is granted coverage for a husband through the same plan provided by the company
• Coworkers and supervisors constantly ask questions that make the pregnant employee uncomfortable and do not stop when asked

According to the pregnancy discrimination laws, a pregnancy-related condition should be treated the same as a temporary disability. This can cover everything from morning sickness, doctor-ordered leave, recovery from giving birth, and other medical conditions caused by pregnancy.

Instances of Pregnancy Discrimination

There are many instances of pregnancy discrimination in the workplace. Everyone’s situation and experiences are different, so you will want to talk with one of our qualified attorneys if you are unsure if you qualify for pregnancy discrimination.

These are some more examples of pregnancy discrimination:

• During a job interview, you are asked how many children you have or if you are planning on having children soon. When the employer discovers you are pregnant, they tell you to come back after you have the child.
• A pregnant employee asks for time off for a prenatal doctor’s visit. They are docked pay and otherwise disciplined for missing work.
• An employee tells their boss they are pregnant. Their boss then fires them not long after, even though they still wanted to work.
• An employee asks their boss if they can stop moving heavy items during their pregnancy. Their boss says no and the pregnant worker is forced to quit the job.

There are many more examples of pregnancy discrimination that we do not have the space to list here. If you are not sure if your experience qualifies, be sure to talk with us. Our caring lawyers will let you know what options you have.

Additionally, we can assist you in filing claims, grievances, and provide legal advice. Pregnancy discrimination can be very harmful to an individual’s financial situation and sense of worth. We can help you make it right.

Who is Protected From Pregnancy Discrimination?

The laws prohibit discrimination based on a current, past, or potential pregnancy. Any conditions caused or related to pregnancy and childbirth are also covered. These laws also extend to anyone who had to take unpaid leave to care for a newly-adopted child.

Smaller businesses are not required to offer pregnancy leave in certain circumstances. If you are unsure if you are being discriminated against, we recommend that you contact us soon.

Do You Need to Tell Employers You’re Pregnant?

It is illegal for an employer to refuse to hire you because of a pregnancy, whether it was in the past or is currently going on. They can not discriminate as long as you can perform the essential functions of your work. Since it is illegal for them to refuse to hire you if you are pregnant, the employer is also not allowed to ask if you are during an interview.

If your pregnancy is not far along, you may decide whether you want to tell them or keep it to yourself for a while. Your pregnancy will start to show after some time has passed, meaning you may want to talk with a supervisor or HR before it becomes apparent.

You will likely need to notify a supervisor if there are physical tasks you can no longer do. Plus, you will need to notify them if you are planning on going on leave. You will want to go along with the notification requirements, such as how many days in advance you need to tell your employer. That way, you can receive the proper benefits and amount of time off in the future.

Can an Employer Prevent You From Working?

Your employer is not allowed to force you to stop working or take leave, as long as you can still perform the essential functions of your position. Even if the employer thinks they are acting in your best interest, it is still considered pregnancy discrimination.

Your employer is also not allowed to keep you from working until the baby is born, and they also are not allowed to prevent you from returning to work. Overall, you and your doctors should be the ones to determine the amount of recovery time you need. This is especially true if there were pregnancy or childbirth complications or medical conditions.

If you perform the essential duties and do not request any changes, you are allowed to continue working the same job while pregnant. Any employer who attempts to stop you or retaliate against you is breaking the law. We recommend that you talk with our pregnancy discrimination experts as soon as you are available.

Call Bear Republic Law Today

Want to go to court because you were discriminated against by your employer for being pregnant? Bear Republic Law and our pregnancy discrimination attorneys have experience with many cases like these and can help you receive financial compensation.

We don’t get paid unless you do. Get a free consultation today, contact us now.