Pregnancy Discrimination In The Workplace: Know Your Rights
When you are pregnant, it is supposed to be a wonderful time in your life. However, if you work for a company that frowns upon pregnancy or apply for a job while you are pregnant, you may be surprised at the discrimination you might encounter. Despite there being numerous state and federal laws enacted to protect pregnant applicants and employees from discrimination, many employers continue to use various illegal measures to keep their businesses and organizations pregnancy-free. If you believe you may have been the victim of pregnancy discrimination in the workplace, learn about your rights by discussing your situation with an employment attorney Newport Beach women trust with these complex cases.
Pregnancy Discrimination at Work
When determining whether or not pregnancy discrimination at work has occurred, many factors will be looked at by your pregnancy discrimination lawyer Newport Beach employees and applicants turn to in these situations. To begin with, the alleged discriminatory act must fit the legal definition of pregnancy discrimination, which is the unfavorable treatment of a female job applicant or employee due to pregnancy, childbirth, or a medical condition that has been confirmed to be directly related to the woman’s pregnancy or having given birth. Since you will need an experienced lawyer to guide you through this legal process, make sure you hire a pregnancy discrimination attorney in the workplace to assist you in filing your lawsuit.
Pregnancy Discrimination Act
An important piece of federal legislation aimed at helping protect women in the workplace, the Pregnancy Discrimination Act prohibits any type of discrimination associated with a woman’s pregnancy. This includes such areas as hiring, firing, promotions and pay raises, layoffs, fringe benefits such as leave time and health insurance, and other important areas of employment. Along with this federal law, most states also have various types of laws protecting pregnant women in the workplace as well, so use these to your advantage when possible. If you are trying to figure out if you can get fired for being pregnant in Newport Beach, get your questions answered by consulting with an employment attorney Newport Beach knows has handled many similar cases over the years.
If while you are pregnant it becomes obvious you are unable to perform your job due to a medical condition related to your pregnancy or childbirth, temporary disability is an option your employer is required to make available to you based on your current situation. In effect, your employer must treat you in the same manner as they would any employee who is disabled. In many cases, this includes providing you with light-duty or alternative assignments. If your employer has failed to do this and is not willing to work with you on this matter, do not delay in making an appointment with a pregnancy discrimination lawyer Newport Beach women know will handle their case with compassion and concern.
Americans with Disabilities Act
Along with being eligible for temporary disability, your medical condition and resulting impairments due to being pregnant may qualify you as being disabled under the terms of the Americans with Disabilities Act. For example, should you develop gestational diabetes or preeclampsia, your employer must follow ADA guidelines and provide reasonable accommodations to you while on the job. If your employer is balking at considering you eligible for ADA accommodations, hold them accountable by hiring a pregnancy discrimination attorney in the workplace to protect your legal rights.
Discrimination and Harassment
Along with being discriminated against while being pregnant on the job, many expectant mothers also report being harassed on the job by coworkers, supervisors, and even customers or clients. Needless to say, this type of behavior is illegal in the workplace, and should always be addressed immediately. For various acts to be legally considered as harassment, they must occur on a frequent basis and result in a hostile work environment for you while on the job. If this is happening to you and you want to report it, your hesitation may be the result of wondering if you can get fired for being pregnant in Newport Beach. Since the law is on the side of pregnant women in the majority of these situations, report the harassment to your supervisor or others who can address the matter as soon as possible. But along with this, make sure you do what is necessary to hire an employment attorney Newport Beach employees know hold harassers and others accountable for their actions.
Maternity and Parental Leave
Once you have had your child, the Pregnancy Discrimination Act states that your employer must allow you to take disability leave or leave without pay just as they would any other temporarily disabled employee. While an employer cannot single out pregnant employees to see if they are able to work, they can require you to bring them a doctor’s statement attesting to the fact that your physician has deemed you able to return to your job.
Family and Medical Leave Act
Under the federal Family and Medical Leave Act, any employee who is a new parent, even if it occurs through adoption or foster care, is eligible for as many as 12 weeks of leave to care for their new child. The leave is generally unpaid, although it can be paid leave if you have accrued sick leave or have vacation leave. But to be eligible for FMLA leave, you must have been with your employer for at least one year, and your employer must have a certain number of employees. If you have questions about this, always speak to your company’s human resources director.
Since you probably want to continue working at your job for as long as possible while pregnant, don’t let an employer intimidate you into constantly worrying about whether you can get fired for being pregnant in Newport Beach. If you have concerns that you feel need to be addressed from a legal standpoint, don’t procrastinate. Instead, pick up the phone and call a trusted pregnancy discrimination lawyer Newport Beach women know will uncover the truth.