Pamela O. Pitt Discrimination Law Blog on Lawyers.com

Pregnancy Discrimination in the Workplace

Wednesday, July 14, 2010 by Pamela O. Pitt

Discrimination on the basis of pregnancy, childbirth, or related medical issues has been illegal since 1978 when the Pregnancy Discrimination Act was passed. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. The Act prohibits pregnancy discrimination in:

Hiring
Pregnancy and maternity leave
Health insurance
Fringe benefits

If you have questions about the pregnancy discrimination act contact the San Francisco discrimination lawyers at the law office of Pamela Pitt.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act specifies the following:

1.) An employer cannot refuse to hire you because you are pregnant if you can perform the major functions of the job. An employer must treat a pregnant woman who is temporarily unable to do her job due to her pregnancy the same as it would treat any temporarily disabled employee. That includes calculating:

Seniority
Vacation time
Pay increases
Temporary disability payments

2.) Your employer must allow you to work for as long into your pregnancy as you are able to do your job

3.) Your employer must hold open a job during your pregnancy related absence for the same length of time as it would for an employee on sick or disability leave

4.) If your employer offers health insurance to employees, that insurance must provide pregnancy-related coverage on the same basis as other medical conditions

5.) If an employer provides health benefits to employee spouses, they must provide the same level of health benefits to spouses regardless of gender

6.) An employer cannot limit pregnancy related benefits to married employees

Employers that are regulated by the Family and Medical Leave Act (FMLA), may be required to allow you time off for a pregnancy related condition or for the care of your newborn. FMLA applies to:

State employees
Federal employees
Private companies with 50 or more employees

Regulations for smaller companies tend to be enacted at the state and local level, so if you are facing pregnancy discrimination in San Francisco and the Bay Area, it is important that you retain a pregnancy discrimination lawyer. Contact Pamela Pitt at 415.912.1213 today to discuss your case.

Posted at 12:01 PM

Topic: Discrimination