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Understanding the protections provided for pregnant workers

On Behalf of | Nov 22, 2017 | Firm News |

If a California worker becomes pregnant, she may have a variety of employment protections under the Pregnancy Discrimination Act. This is true if a person works for a company with 15 or more employees. Under the PDA, an employer is not allowed to harass or otherwise treat a woman differently because of her pregnancy. Furthermore, employers are not allowed to take most employment actions such as demoting or terminating someone simply because she is pregnant.

Employers may also be required to make accommodations such as allowing extra bathroom breaks or allowing a pregnant person to work from home. It is important to remember that what the law says and what an employer does are two different stories. This is because proving pregnancy discrimination can be difficult. In addition to the PDA, pregnant employees may have protection under the Americans with Disabilities Act (ADA).

This is because complications that arise during pregnancy could be classified as a disability even if being pregnant is not. Workers can also look into what protections may be offered by state law if a company is not bound by federal laws. If an employer must comply with the Family Medical Leave Act (FMLA), it may provide a pregnant worker with the opportunity to leave work without jeopardizing her job status.

Discriminating against a pregnant worker constitutes a violation of employment law. An attorney could review a case to determine if a violation occurred. It might be possible to show that a pregnant worker’s rights were infringed upon if a demotion or termination occurred shortly after announcing the pregnancy. Workers may be entitled to compensation or reinstatement if they show that an employer discriminated against them because they were pregnant.