Sex discrimination as it relates to pregnancy may include not hiring someone because they are pregnant or plan to become pregnant; terminating an employee because of pregnancy; retaliating against an employee for filing a discrimination complaint regarding pregnancy; refusing to provide accommodations to a pregnant worker; and harassment related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. Fortunately, pregnancy discrimination in the workplace is prohibited by law and includes robust protections related to pregnancy.
Recently, two laws were passed imposing new federal requirements on employers with respect to workplace accommodations related to pregnancy, childbirth, and nursing moms.
- The Pregnant Workers Fairness Act (PWFA) provides employees who have conditions arising out of childbirth or pregnancy the right to reasonable accommodations, which may include allowing pregnant workers to sit during a shift, a temporary reassignment, or even allowing pregnant employees to telecommute. Under the Act, an employer must provide a reasonable accommodation for a known physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions.
- The Providing Urgent Maternal Protections for Nursing Mothers (PUMP Act) expands federal law requiring employers to provide accommodations for breastfeeding employees to include workers not previously entitled to lactation accommodations under federal law. The Act requires employers to provide reasonable breaks to an employee to express milk up to a year after an employee’s child is born, including the time taken as hours worked if an employee is not relieved from duty for the entirety of each break.
Both measures expand the rights of pregnant and breastfeeding workers who may be subject to sex discrimination, retaliation, or wage and hour violations for conditions related to, affected by, or arising out of pregnancy, childbirth or related medical conditions.
Contact an Experienced Pregnancy Discrimination Lawyer
It is illegal to discriminate against an employee who is pregnant, nursing, or those who plan to become pregnant. If you believe you are being discriminated against in the workplace due to pregnancy or a related condition, it is worthwhile to discuss your concerns with an experienced employment discrimination law attorney who can advise you on the strength of your case and seek compensation for damages. Contact the Law Offices of Marc Humphrey for immediate assistance today at 515-331-3510.
