Philadelphia Discrimination Lawyers
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 their child. Likewise, men are entitled to take up to twelve weeks of unpaid leave for the birth of a child. The Philadelphia employment lawyers at Galfand Berger are here to help you and protect you from pregnancy discrimination, harassment and the denial of benefits. Our Pennsylvania pregnancy discrimination attorneys are well versed in the Pregnancy Discrimination Act, which is an Amendment to Title VII of the Civil Rights Act.
If you or a loved one has been discriminated against on the basis of pregnancy, here are some questions that you may have:
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 are directed to you because of your sex. Such harassment is illegal and you should contact our Philadelphia pregnancy discrimination lawyers if you believe you are being subjected to unlawful harassment.
What is Pregnancy Discrimination?
Pregnancy discrimination is when an employer makes decisions regarding hiring, promotion, demotion, termination, compensation, job training or other terms or conditions of employment because of an employee’s pregnancy, pregnancy-related condition or due to the prejudices of co-workers, clients or customers.
Is my employer required to provide a workplace accommodation because of my pregnancy?
If you, with the advice and assistance of your health care provider, request a reasonable accommodation your employer must provide one, 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 should the employer fail to engage in such a discussion, it 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, childbirth or a related medical condition to take a leave for a reasonable period (not exceeding four months) and then return to work. If you are pregnant and require leave time, you have to provide your employer with as much advance notice as possible. If you are denied leave, contact our Philadelphia pregnancy discrimination attorneys for a free case evaluation.
Will my pregnancy impact my health insurance?
Health insurance provided by an employer must cover the expenses of all pregnancy-related conditions on the same basis as all other medical conditions. Health insurance expenses arising from an abortion are not lawfully 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 should you 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 mandate you to follow a certain procedure. You should request that the company take action to correct and stop any discrimination, harassment or retaliation that is occurring. You should follow the procedure and document your actions in writing. Failure to follow the procedure may lead to a denial of your right 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. 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.
Contact the Experienced Philadelphia Pregnancy Discrimination Attorneys at Galfand Berger
If you or a loved one believes that you have a claim for discrimination, harassment, or retaliation, we are happy to answer your questions and have one of our Philadelphia employment lawyers review your case for free. Please call us at 1-800-222-USWA (8792) or complete our short contact form and a member of our firm will contact you.
With offices in Philadelphia, Lancaster, Bethlehem and Reading, we serve clients throughout Pennsylvania and New Jersey. And, remember, there is no fee unless we recover for you.