Pregnancy Discrimination

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Like sex discrimination protections of these statue apply to the employees of employers with 15 or more employees or employees of state, local nd federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Title VII’s pregnancy-related protections include:

Hiring. An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers.

Pregnancy and Maternity Leave. An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work. However, if an employer requires its employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled due to pregnancy to do the same.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

Fringe Benefits. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.

As with other statues, it is also unlawful for any employer to retaliate against an employee for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

If you feel that you were denied a position due to your sex or sexual orientation or that you are being sexually harassed, discriminated because of your sex or mistreated due to your pregnancy or have been retaliated for whistle blowing or filing or supporting a sexual discrimination or sexual harassment claim or a claim of discrimination due to your pregnancy or age or you are an employer with questions about how you should treat a particular employee or general interpretation of Title VII in Orange, Los Angeles, Riverside or San Bernardino County, call (877) 529-4545 for a free consultation with an Employment Law Team, attorney well versed in Title VII. Our affiliated firm Criminal Defense Team, Fakhimi & Associates can also assist our clients with issues related to criminal law.