What Is Pregnancy Discrimination?
Employment discrimination may take different forms of discrimination with pregnancy discrimination being one of the forms of discrimination. Pregnancy discrimination occurs when expectant women get fired from work, are not hired or get discriminated against due to being pregnant or have the intention of becoming pregnant. Pregnancy discrimination can take place in different forms that might include being fired as a result of visible pregnancy, getting fired after informing the employer that you are pregnant or getting sacked after taking maternity leave. Refusing to employ a pregnant woman or firing or demoting a pregnant woman is another form of pregnant discrimination. The law demands that an employer offers the same treatment and benefits to pregnant employees as he gives another employee with temporary disabilities since pregnancy-related conditions are considered as a form of temporary incapacity.
Under the federal law, the Title VII of the Civil Rights Act of 1964 prohibits pregnancy discrimination and also provides for parenting and disability leaves. One can’t get discriminated against on the basis of current, past or intended pregnancy or medical conditions that get related to pregnancy or childbirth.
If you choose to tell your potential employer that you are pregnant, the company can’t legally make the hiring decision based on that information. It’s still illegal for a potential employer to ask you during the interview whether you are pregnant or if you intend to have children. In case you feel that you failed to secure a job because of your pregnancy-related condition, you can come to United Employees Law Group, and we shall help you make a claim.
As an employee, an employer cannot compel you to take leave due to your pregnancy as long as you can perform the job assigned. You should be permitted to work and perform your job as long as you can do it, and the employer can’t force you to take a certain level of leave.
Unless you have requested some change in the job duties that you do, you should be allowed to keep doing that work and an employer cannot prevent you from working in certain areas because of your pregnancy. However, in case you make a request for change of job duties due to the pregnancy, the employer is supposed to treat the request as he treats requests from temporarily disabled employees.
You will be entitled to leave related to your pregnancy only if your company grants leave to the other temporarily disabled employees. However, you will be entitled to leave under the FMLA when you are pregnant. You can also enjoy some leave if you were pregnant but no longer pregnant, but you need time off to recover. However, you must have some medical report that supports you claim for the leave. While you are on leave due to your pregnancy, the employer is under obligation to hold your job and can’t employ someone else to take over your job.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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