Pregnancy discrimination lawsuits have been on the rise in recent years, according to data from the U.S. Equal Employment Opportunity Commission. The trend could be viewed as good news or bad: While it may indicate that the occurrence of pregnancy discrimination has increased, it may also mean that pregnant women are simply better informed of their rights than in the past and are more confident in taking a stand when their rights are violated.
Pregnancy discrimination occurs any time an employer treats an employee or potential employee unfavorably solely because of her pregnancy or pregnancy-related condition. Although this type of discrimination can take many different forms, it often takes place when an employer fires or refuses to hire a woman because she is pregnant or plans to become pregnant. Pregnancy discrimination can also occur when an employer treats a pregnant woman differently for purposes of determining pay, fringe benefits, promotions or any other terms of employment.
If you believe this type of illegal treatment has happened to you, talk with a California gender discrimination lawyer.
Pregnancy Discrimination Act
Federal law prohibits pregnancy discrimination. Congressed passed the law against it as known as the Pregnancy Discrimination Act, as an amendment to the Civil Rights Act of 1964. Under the PDA, it is illegal for employers to treat women differently than other employees simply because they are affected by pregnancy or a condition related to pregnancy. In addition, an employee with a pregnancy-related disability must be treated in the same way as any other worker with a temporary disability for purposes of accruing seniority, vacation time, pay increases or other benefits.
In addition to the PDA, a number of state laws provide additional protections for pregnant women and new mothers. These laws include the California Fair Housing and Employment Act, which prohibits harassment on the basis of pregnancy and requires employers to provide up to four months of medical leave to employees who are disabled because of pregnancy or childbirth. Just like the federal law, California state law also requires employers to make reasonable accommodations at the request of a woman affected by pregnancy or childbirth.
