PREGNANCY DISCRIMINATION

Unfortunately, Pregnancy Discrimination has been on the rise in recent years. In 2013, the EEOC filed record-breaking numbers of claims against employers relating to unfair treatment due to pregnancy-related conditions. Whether you are an employer or an employee that feels discrimination has occurred, it is important to know the rights associated with this ever-increasing problem.

Pregnancy Discrimination is prohibited under both state and federal law. Generally, an employer may not discriminate against an employee as a result of pregnancy, childbirth and related conditions, and or differentiate between pregnancy-related and other disabilities. For example, employers may not discharge or refuse to hire or promote women because they are pregnant. Employers also may not establish mandatory maternity leave that is unrelated to the employee's ability to work. Likewise, an employer may not prohibit an employee from returning back to work for a predetermined period of time following childbirth. Employers may not terminate, alter, or demote employment status based upon a pregnancy-related condition.

One of the most frequent litigated matters pertaining to the Pregnancy Discrimination Act is that when a woman takes maternity leave her job must be held open on the same basis that jobs are held open for employees on sick leave or disability leave for reasons unrelated to pregnancy.

Pregnancy Discrimination may come in several forms such as:

We are available to assist in enforcing these rights or ensuring compliance on behalf of the employer. Our pregnancy discrimination legal services include:

In California, please call us at (949) 500-2818. For services in the New York Metropolitan/Long Island area please call us at (949) 500-2818. You may also email Erik McLain directly at: em@mclainfirm.com.