An employer cannot isolate pregnancy-related conditions for special procedures to determine an employee`s ability to work. However, if an employer requires its employees to provide a medical certificate attesting to their capacity for work before granting leave or paying sick pay, it may require workers with pregnancy-related illnesses to produce such certificates. If a woman is temporarily unable to work due to an illness related to pregnancy or childbirth, the employer or other insured body must treat her in the same way as any other temporarily disabled worker. For example, the employer may be required to grant light work, alternative allowances, disability leave or unpaid leave to pregnant workers if this is the case for other temporarily disabled workers. Discrimination on the basis of pregnancy involves the unfavourable treatment of a woman (applicant or employee) on the basis of pregnancy, childbirth or a medical condition related to pregnancy or childbirth. These laws seem clear. But problems that arise at work are rare. Visit the U.S. Equal Employment Opportunity Commission website to learn more about your rights during pregnancy and what to do if you think your rights have been violated. You may be able to obtain housing under the PDA if your employer makes arrangements for employees who have restrictions similar to yours, but were not caused by pregnancy. Under the ADA, your employer may ask you to submit a letter from your doctor documenting that you have a pregnancy-related condition and therefore need housing. Your doctor may also be asked if there are any accommodations that meet your needs.
You can help your doctor understand the law of reasonable precautions by bringing a copy of the EEOC publication Helping Patients Cope with Pregnancy-Related Limitations and Restrictions at Work to your appointment. More than 40 years ago, Congress passed the Pregnancy Discrimination Act to protect pregnant women in the workplace. The law prohibited employers from considering pregnancy when making decisions about hiring, firing and promotion. Today, it offers pregnant women the same shelters and protections as their counterparts with other types of health problems or disabilities – people who have “similar abilities or incapacity for work.” The Federal Pregnancy Discrimination Act of 1978 (PDA) prohibits employers with 15 or more employees from discriminating against women on the basis of pregnancy, childbirth, abortion, or a pregnancy- or childbirth-related illness. Pregnant workers must receive the same benefits and accommodations and be treated in the same way as non-pregnant workers who have similar abilities or limitations in their work. Twenty-three states, the District of Columbia and four cities have laws that provide additional protection for pregnant workers. Unfortunately, illegal pregnancy-related discrimination still occurs in every state and industry, affecting women`s employment, income, and opportunities. It is important to know your rights, and we can all play an active role in preventing and reporting pregnancy-related discrimination and calling for more transparent and inclusive workplace policies. The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy in all aspects of employment, including hiring, firing, remuneration, assignments, promotions, dismissals, training, social benefits such as vacation and health insurance, and any other conditions of employment.
In addition, impairments resulting from pregnancy (such as gestational diabetes or preeclampsia, a condition characterized by pregnancy-related hypertension and protein in the urine) may be disabilities under the Americans with Disabilities Act (ADA). An employer may need to make reasonable accommodation (e.g. leaves or changes that allow an employee to perform her job) for a pregnancy-related disability, to the point of undue hardship (hardship or significant cost). The ADA Amendments Act of 2008 makes it much easier to demonstrate that a medical condition is a covered disability. For more information about the ADA, see www.eeoc.gov/laws/types/disability.cfm. For more information about the ADA Amendments Act, see www.eeoc.gov/laws/types/disability_regulations.cfm. The law does not require an employer to place an employee pregnant unless the company already provides similar accommodations for other employees (for example, a person with heart disease). The Americans With Disabilities Act requires the employer to make reasonable accommodations that allow the employee to do the work, but what that accommodation consists of — more frequent breaks, for example, or a stool to sit on — varies by job and type of disability. A pregnant worker may not receive exactly the accommodation she was looking for, but the accommodation is expected to work properly for both the worker and the employer. The Center for WorkLife Law, a project of the University of California`s Hastings College of Law, publishes a list of typical accommodations for common medical problems during pregnancy.
If you have medical needs and limitations, bring a medical certificate with clear medical language. (Here`s a state-by-state guide for the doctors writing the note.) Women often do not know their rights or how to enforce them, especially on the timing of pregnancy. Some states and municipalities have passed additional laws to protect pregnant workers, so a woman seeking information about her rights as a pregnant worker must navigate a confusing web of federal, state, and local laws. In some states, public debate over new laws has helped clarify requirements for employers and led to a drop in discrimination complaints, women`s rights advocates say. Elsewhere, women who better understand their rights are more likely to experience discrimination. Yet prejudice against pregnant women in the workplace is often unmistakable. Typically, this means you can`t be fired, turned down for a job or promotion, give less important duties, or be forced to take time off for any of these reasons. An employer is not obliged to keep you in a job that you cannot do or where you would pose a significant risk to the safety of others in the workplace. However, your employer cannot remove you from your job or take time off because they believe the work would pose a risk to you or your pregnancy. Harassment due to pregnancy or pregnancy-related illness is not allowed under the PDA and ADA. You should tell your employer about the harassment if you want them to stop the problem. Follow your employer`s reporting procedures, if applicable.
When you report harassment, your employer is required by law to take steps to prevent it in the future. The Equal Employment Opportunity Commission (EEOC) will help you decide what to do next and investigate if you decide to file a discrimination complaint. Since you must file a lawsuit within 180 days of the alleged violation to pursue further legal action (or 300 days if the employer is also covered by a state or local discrimination law), it`s best to start the process early. It is illegal for your employer to retaliate against you for contacting the EEOC or filing a complaint. For more information, visit www.eeoc.gov, call 800-669-4000 (voice) or 800-669-6820 (TTY), or visit your local EEOC office (see www.eeoc.gov/field/index.cfm for contact information). If you believe you have been discriminated against in the workplace because of pregnancy or a related health condition (p. e.g., fired, demoted, harassed or retaliated), you should: Women in clerical jobs may require different types of accommodation. Nilab Rahyar Tolton was a rising “superstar” in a California office of Jones Day, one of the world`s largest law firms, according to a class action lawsuit his lawyers later filed against the company.
While Tolton was pregnant with her second child, she was assigned high-pressure cases that required night work and air travel at a time in her pregnancy when it was prohibited. Her doctor wrote a note saying she needed to reduce her workload. But a partner in the company reprimanded her for not working hard enough and accused her of lying about her medical limitations, according to the lawsuit. After her parental leave, she was told to look for another job. We are in the midst of a cultural shift regarding the treatment of pregnancy in the workplace. More than 80% of women give birth at some point during their working years, and more of them work longer. The law is just the first step, said Bakst of A Better Balance. “Women need to know their rights and feel that they can use the law to make sense,” she said.