Pregnancy should be a time of joy and anticipation, not stress and discrimination. Unfortunately, some employees face unfair treatment due to pregnancy. Understanding your rights and knowing how to handle pregnancy discrimination is crucial. In this blog, we will provide essential tips for addressing pregnancy discrimination in the workplace and explain how PLBH can support you in protecting your rights.
Understanding Pregnancy Discrimination
Definition of Pregnancy Discrimination
Pregnancy discrimination involves treating an employee unfavorably because of pregnancy, childbirth, or related medical conditions. This type of discrimination can occur in various forms, including:
- Hiring and Firing: Refusing to hire or terminating an employee because of pregnancy.
- Job Assignments and Promotions: Denying job assignments, promotions, or opportunities due to pregnancy.
- Harassment: Subjecting an employee to unwelcome comments or actions related to pregnancy.
- Benefits: Denying benefits, such as maternity leave or health insurance, that are available to other employees.
Legal Protections
Several laws protect pregnant employees from discrimination, including:
- Pregnancy Discrimination Act (PDA): Amends Title VII of the Civil Rights Act of 1964 to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
- Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid leave for childbirth, adoption, or serious health conditions.
- California Fair Employment and Housing Act (FEHA): Prohibits discrimination and harassment based on pregnancy and requires employers to provide reasonable accommodations.
Steps to Handle Pregnancy Discrimination
Document Everything
Maintaining detailed records is crucial in cases of pregnancy discrimination. Keep a log of all discriminatory incidents, including:
- Dates and Times: Note the date and time of each incident.
- Details of Incidents: Describe what happened, who was involved, and any witnesses.
- Communication: Save emails, memos, and other written communications related to the discrimination.
Report the Discrimination
Report the discriminatory behavior to your employer as soon as possible. Follow your company’s procedures for filing a complaint, which may involve:
- Human Resources (HR): Submit a formal complaint to the HR department.
- Supervisors: Inform your supervisor or manager about the discrimination.
- Employee Handbook: Review the employee handbook for specific instructions on reporting discrimination.
Request Reasonable Accommodations
If you need accommodations due to pregnancy, such as modified duties or additional breaks, make a formal request to your employer. Under FEHA and the PDA, employers are required to provide reasonable accommodations for pregnant employees, unless it causes undue hardship.
File a Complaint with Government Agencies
If your employer fails to address the discrimination, you can file a complaint with government agencies:
- Equal Employment Opportunity Commission (EEOC): Handles federal discrimination claims, including those under the PDA.
- California Department of Fair Employment and Housing (DFEH): Handles state-level discrimination claims under FEHA.
Seek Legal Assistance
Navigating pregnancy discrimination claims can be complex. Seeking assistance from an experienced employment law firm like PLBH can help you understand your rights and pursue justice effectively.
How PLBH Can Help
PLBH specializes in employment law and can provide expert legal advice on handling pregnancy discrimination. Our attorneys can help you understand your rights and the best course of action.
We offer comprehensive case evaluations to assess the merits of your discrimination claim. Our team will review your documentation, gather evidence, and develop a strong case on your behalf. Contact us at (800) 435-7542 for help.