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Pregnancy Discrimination
Pregnancy discrimination occurs when an employer treats a job applicant or employee unfavorable because of pregnancy, childbirth, or a medical condition related to pregnancy. This type of discrimination is illegal under the Pregnancy Discrimination Act (PDA), which is an amendment to Title VII of the Civil Rights Act of 1964. The PDA applies to employers with 15 or more employees and protects individuals in all aspects of employment.
Pregnancy discrimination is illegal because it undermines workplace equality and economic security for pregnant individuals and their families.
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If you feel like you have been discriminated against because of pregnancy and you need to speak to an experienced attorney, schedule a consultation today.
Examples of Pregnancy Discrimination
- Hiring/Firing: Refusing to hire a pregnant applicant or firing an employee because they are pregnant.
- Job Assignments: Limiting job opportunities, promotions, or desireable assignments due to pregnancy.
- Workplace policies: Enforcing policies that penalize pregnant employees, such as limiting bathroom breaks or refusing flexible scheduling.
- Health Insurance: Excluding pregnancy-related conditions from health insurance coverage.
- Leave Policies: Denying maternity leave or forcing an employee to take leave when they are able to work.
Protections Under the PDA
- Equal Treatment: Pregnant employees must be treated the same as other employees with similar abilities or limitations. For example, if accommodations are made for employees with temporary disabilities, the same should apply to pregnant workers.
- Job Security: Employers cannot fire or demote an employee because they are pregnant or have taken maternity leave.
- Health Benefits: Employers must provide the same level of health insurance benefits for pregnancy-related conditions as they do for other medical conditions.
Interaction with Other Laws
Pregnancy discrimination can also intersect with:
- Americans with Disabilities Act (ADA): If a pregnancy-related condition qualifies as a disability, the employee may be entitled to reasonable accommodations.
- Family and Medical Leave Act (FMLA): Eligible employees can take up to 12 weeks of unpaid, job-protected leave for childbirth or to care for a newborn.
What to Do if You Experience Pregnancy Discrimination
Document the Incidents: Keep records of discriminatory actions, including emails, memos, and witnesses.
Report to HR: Notify your HR department or manager about the discrimination.
File a Complaint: You can file a charge with the Equal Employment Opportunity Commission (EEOC) if the issue isn't resolved.
Breastfeeding
Several laws protect breastfeeding individuals in the workplace and public spaces. These laws ensure that breastfeeding parents have the right to express milk, breastfeed their children, and receive appropriate accommodations without facing discrimination.
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If you feel like you have been discriminated against because of breastfeeding and you need to speak to an experienced attorney, schedule a consultation today.
Fair Labor Standards Act (FLSA) - Break Time for Nursing Mothers Provision
Protection - Requires employers to provide:
- Reasonable break time for employees to express breast milk for one year after a child's birth.
- A Private space, other than a bathroom, shielded from view and free from intrusion, to express milk.
- Coverage: Applies to non-exempt (hourly) employees under the FLSA. Some state laws expand this to exempt (salaried) employees.
- Exceptions: Employers with fewer than 50 employees can claim an undue hardship if compliance creates significant difficulty or expense.
The Pregnancy Discrimination Act (PDA)
- Protection: Prohibits discrimination based on pregnancy, childbirth, or related medical conditions, which includes lactation and breastfeeding.
- Relevance: Treats breastfeeding-related needs as any other medical condition requiring accommodation.
The PUMP for Nursing Mothers Act (2022)
Protection:
- Expands the Break Time for Nursing Mothers provision to cover almost all employees, including salaried and exempt workers.
Requirements:
- Employers must provide adequate break time and private space for nursing mothers.
- Employees can file lawsuits for violations.
The Affordable Care Act (ACA)
Protection: Amended the FLSA to include the Break Time for Nursing Mothers provision and requires most insurance plans to cover breastfeeding support, counseling, and equipment like breast pumps.
State Laws
Many states have additional breastfeeding protections. For example:
Public Breastfeeding: Most states allow breastfeeding in public places and prohibit discrimination against breastfeeding mothers.
Workplace Accommodations: Some stated mandate broader workplace accommodations, including extended breastfeeding support or protections beyond one year.
Title VII of the Civil Rights Act (as amended by the PDA)
Protection: Treats adverse employment actions due to breastfeeding or expressing milk as sex discrimination.
Key Rights for Breastfeeding Individuals
- Breastfeed in public spaces where the individual is legally allowed to be.
- Request workplace accommodations to pump or breastfeed.
- Be free from harassment or discrimination based on breastfeeding.
What to Do if Your Rights are Violated
- Document incidents: Record dates, actions, and any communications.
- Report to your employer: Notify HR or a supervisor about violations.
- File a Complaint:
- With the U.S. Department of Labor for FLSA-related violations.
- With the EEOC for discrimination.