Pregnancy discrimination in the workplace is prohibited under federal law to include Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act; the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA). Pregnant workers and new parents may have additional rights under the Family and Medical Leave Act (FMLA). It is unlawful to harass a worker because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth or because of a pregnancy-related physical or mental disability.
Unfortunately, despite laws prohibiting pregnancy discrimination in the workplace, employees often run into issues with their employer when they need an accommodation related to pregnancy or anticipate taking leave after a child is born. In fact, recently, a popular supermarket chain employee sued her former employer for violating the Pregnant Workers Fairness Act, alleging that she was fired after requesting, and using, an accommodation for a pregnancy-related condition and her plans to take FMLA leave after the birth of her child.
The employee was granted a workplace accommodation after experiencing severe morning sickness and pregnancy related hyper tension, but was nonetheless subjected to harassment related to taking the accommodation and was subsequently terminated before her due date purportedly for completing work without being checked in, an adverse employment action not taken against similarly situated workers who were not pregnant. Subsequently, the employee sued the employer for not only violating the Pregnant Workers Fairness Act (PWFA), but also the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Family and Medical Leave Act (FMLA).
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA), is a federal law enforced by the US Equal Employment Opportunity Commission (EEOC). Employers are required to provide a reasonable accommodation to a qualified employee’s known limitation related to pregnancy, childbirth, or related medical conditions. *In this case, although the employee was granted an accommodation, she was subsequently subjected to harassment for requesting and using the accommodation.
Americans with Disabilities Act
Under ADA, pregnancy itself is not a disability, but a pregnant employee may have a related condition that qualifies as a disability under the ADA requiring an accommodation. Severe morning sickness, also known as hyperemesis gravidarum, and pregnancy-related hypertension can can both be considered a disability under the Americans with Disabilities Act (ADA) if they substantially limit a major life activity.
Title VII of the Civil Rights Act
Title VII, through the Pregnancy Discrimination Act, prohibits employers from treating women affected by pregnancy less favorably than other employees who are similar in their ability or inability to work. Title VII also prohibits harassment based on pregnancy, childbirth or related medical conditions. *After accepting the accommodation, the employer not only treated the employee with hostility related to the accommodation, the employee was fired for reasons that were not applied to similarly situated employees who were not pregnant.
Family and Medical Leave Act
FMLA entitles eligible employees to take unpaid, job-protected leave for the birth of a child, to care for the newborn within one year of birth, or for a serious health condition that makes the employee unable to perform the essential functions of their job. *Termination of employee voided FMLA job protected leave that the employee planned to take after the birth of the child.
Contact an Experienced Pregnancy Discrimination Lawyer for Help
There are various federal and state laws that protect employees against pregnancy discrimination in the workplace. It is important to work with an experienced employment law attorney if you believe you have been discriminated against, harassed, or terminated from your employment due to a pregnancy-related condition. Contact the Law Offices of Alan C Olson & Associates for immediate assistance today at 262-785-9606.
