The Pregnancy Discrimination Act (PDA), enacted in 1978, offers protection from discrimination or being fired based on pregnancy, giving birth or having other related health issues in workplaces that employ at least 15 people. The following eight scenarios require the services of our pregnancy discrimination lawyer in Los Angeles.
Discrimination or Firing
Even if the job requires being in the presence of dangerous chemicals or heavy lifting, a pregnant woman’s health risks are hers alone to manage. In addition, an employer cannot fire a woman just because she is pregnant.
This includes insults, jokes and threats are illegal regardless of the perpetrator. Any pregnant woman who finds herself in a hostile work environment should consult with a pregnancy discrimination lawyer.
A woman cannot be denied employment because she is pregnant or may become pregnant in the future. An employer is not legally permitted to base a hiring decision on possible “negative economic impact” or other bias.
Not Providing Accommodation
Pregnant women are entitled to the same medical accommodations as non-pregnant employees, such as a stool to sit on or light duty for a strained back. As long as a doctor’s note is provided, the employer cannot refuse accommodation.
Dismissal for Breast Milk Pumping
Under the terms of the Affordable Care Act, new mothers must be allowed to pump their breast milk in a private space that is not a restroom. Companies with fewer than 50 workers do not have to accommodate pumping.
Forced Time Off or Lack of Promotion
A pregnant woman who can do her job must be allowed to do so. She cannot be forced to take leave or refused a promotion due to her condition. Calling our Los Angeles employment lawyer will help pregnant women to understand their rights.
Restricting Pregnancy Leave
This can present as a shorter leave, being forced to use sick days or job loss. Employers also cannot demote a woman for being pregnant or reduce pay or benefits.
If a woman files a complaint regarding pregnancy discrimination, the employer is not allowed to harass, demote or fire that worker. This includes biased judgments based on her performance or treating her differently from other employees.
If you have experienced pregnancy discrimination, contact our employment lawyers near you to obtain the best advice.