Pregnancy Discrimination

• What is Pregnancy Harassment?
• What is Pregnancy Discrimination?
• Is my employer required to provide a workplace accommodation because of my pregnancy?
• Is my employer required to provide Pregnancy and Maternity Leave?
• Will my pregnancy impact my health insurance?
• Will my pregnancy impact fringe benefits?
• What to do if you believe you have been unlawfully treated?
• You have to act promptly.

Pregnant women are protected from harassment and discrimination. They are entitled to accommodations for their pregnancy, reassignment to less strenuous positions and to take leave for the birth of a child. Likewise, men are entitled to take up to twelve weeks, unpaid leave, for the birth of a child. The employment lawyers at Galfand Berger are here to help you and protect you from pregnancy discrimination, harassment and denial of benefits. Our lawyers are well versed in the Pregnancy Discrimination Act, which is an Amendment to Title VII of the Civil Rights Act. You can contact us for a free case evaluation.

What is Pregnancy Harassment?

It is unlawful for an employer or co-employees to harass anyone on the basis of pregnancy. Such conduct can be both sexual harassment and pregnancy harassment because the comments would be directed to you because of your sex. Such harassment is unlawful and you should contact us if you believe you are being subject to unlawful harassment.

What is Pregnancy Discrimination?

An employer cannot make decisions regarding hiring, promotion, demotion, termination, compensation, job training, or other terms or conditions of employment based because of an employee's pregnancy, pregnancy related condition or because of the prejudices of co-workers, clients or customers.

Is my employer required to provide a workplace accommodation because of my pregnancy?

If you, with advice and assistance of your health care provider, request a reasonable accommodation, your employer must provide an accommodation, unless to do so would create an undue hardship on the employer. The employer is obligated to engage in an interactive process to discuss the reasonable accommodation, which you and your doctor have requested, and the employer's failure to engage in such a discussion is a violation of the law.

Is my employer required to provide Pregnancy and Maternity Leave?

It is unlawful for your employer to refuse you or any other employee who is disabled by pregnancy, child birth or related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work. If you are pregnant and need leave, you have to provide your employer with as much advanced notice as possible. If you are denied leave, contact us for a free case evaluation.

Will my pregnancy impact my health insurance?

Health insurance provided by an employer must cover the expenses of a pregnancy-related condition on the same basis as the cost of other medical conditions. Health insurance expenses arising from an abortion are not required, except where the life of the mother is in danger.

Will my pregnancy impact fringe benefits?

Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions.

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.

What to do if you believe you have been unlawfully treated?

Many companies have policies regarding any discrimination, harassment or retaliation in their company handbook. Likewise, they may have reporting requirements, which may require you to follow a certain procedure. You should request the company to take action to stop and correct discrimination, harassment, or retaliation. You should follow those procedures and document your actions in writing. Failure to follow those procedures may lead to a denial of your rights to recover legal damages for the improper action of the company.

You have to act promptly.

There is a limited time in which you can bring a claim for discrimination, harassment, or retaliation. You must file your claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights within 180 days of the last act of discrimination and/or the same holds true for filing a state claim with the Pennsylvania Human Relations Commission (PHRC). However, if you file a claim with the PHRC within 180 days of the last act of discrimination or harassment, you can file a claim with the EEOC within 300 days of the last act of discrimination or harassment.

If you believe that you have a claim for discrimination, harassment, or retaliation, please contact our office for a free case evaluation and assistance in filing your claim.