Pregnancy discrimination involves unfavorable treatment of a woman (an applicant or employee) because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (firing or demotion).
The Pregnancy Discrimination Act (“PDA”) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, compensation, job assignments, promotions, layoff, training, benefits (leave and health insurance), and any other term or condition of employment.
Pregnant employees may have additional rights under the Family and Medical Leave Act (“FMLA”), which is enforced by the United States Department of Labor. For example, employers are required to provide reasonable breaks to an employee to express breast milk for her nursing child for one year after the child's birth. Employers are also required to provide a private place, other than the restroom, that is outside of the view from coworkers and the public, which may be used by an employee to express breast milk.
Cases involving allegations of pregnancy discrimination generally require exhausting administrative remedies before the individual can file a lawsuit against the employer.
Contact the Law Office of Catherine Chukwueke if you believe you have been discriminated against because of your pregnancy.