Pregnancy & Maternity

The Pregnancy Discrimination Act (PDA) is a federal law enacted in 1978 that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PDA amended Title VII of the Civil Rights Act of 1964, classifying pregnancy discrimination as a form of sex discrimination. As an employee who is pregnant or affected by a pregnancy-related condition, you are entitled to equal treatment and protection under the law.

We specialize in providing comprehensive legal representation and guidance to pregnant employees who have experienced discrimination in the workplace. Our experienced employment law attorneys are committed to ensuring your rights are upheld and that you receive the support and protection you deserve.

Understanding the Pregnancy Discrimination Act

The PDA applies to all employers with 15 or more employees, including private companies, state and local governments, employment agencies, and labor organizations. Under the PDA, employers are required to treat pregnant employees the same as other employees who are similar in their ability or inability to work. This includes all aspects of the employment process, such as:

1. Hiring and promotions
2. Pay and benefits
3. Leave and accommodations
4. Training and development
5. Termination and layoffs

Employers must also provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, as long as doing so does not impose an undue hardship on the employer.

Your Rights as a Pregnant Employee

As a pregnant employee or an employee affected by a pregnancy-related condition, the PDA grants you various rights and protections. Some of these include:

1. Equal Treatment: Employers cannot discriminate against you because of your pregnancy or pregnancy-related condition in any aspect of the employment process.
2. Accommodations and Leave: You have the right to request and receive reasonable accommodations related to your pregnancy, childbirth, or related medical conditions. This may include modifications to your work schedule, temporary assignments, or additional breaks. You may also be entitled to unpaid leave under the Family and Medical Leave Act (FMLA) if you meet certain eligibility requirements.
3. Health Insurance and Benefits: Employers must provide the same health insurance coverage and benefits to pregnant employees as they do to other employees with similar medical conditions. This includes coverage for pregnancy-related conditions and expenses.
4. Protection from Harassment and Retaliation: You have the right to be free from harassment based on your pregnancy or pregnancy-related condition and to be protected from retaliation if you assert your rights under the PDA.

How We Can Help

Our dedicated employment law attorneys are committed to representing pregnant employees and ensuring their rights are protected under the Pregnancy Discrimination Act. We can assist you with:

1. Understanding Your Rights: We provide guidance on your rights under the PDA, helping you determine if you have a valid pregnancy discrimination claim.
2. Requesting Accommodations and Leave: Our attorneys can assist you in requesting and negotiating accommodations and leave related to your pregnancy, childbirth, or related medical conditions.
3. Filing a Complaint: We can guide you through the EEOC complaint process, ensuring that your complaint is filed correctly and within the required timeframe.
4. Mediation and Conciliation: Our attorneys can represent you during mediation and conciliation efforts, advocating for a fair resolution of your complaint.
5. Litigation: If warranted, we are prepared to represent you in court, fighting for the compensation and justice you deserve.

The Pregnancy Discrimination Act is a crucial piece of legislation that protects pregnant employees and employees affected by pregnancy-related conditions from discrimination in the workplace. If you believe your rights under the PDA have been violated, it is essential to seek legal guidance from a knowledgeable employment law attorney. We are dedicated to empowering pregnant employees and ensuring their rights are upheld. Contact us today for a consultation and let us help you navigate the complexities of the PDA.