How Federal Laws Protect Your Pregnancy Rights
Pregnancy employment discrimination complaints have risen in the past with the Equal Employment Opportunity Commission (EEOC). The EEOC is essentially the funnel through which all potential employment discrimination litigation is passed – the agency must be contacted prior to filing a lawsuit.
Here are the figures:
- 3,977 complaints in 1997
- Complaints increased 23% in 2007 to 4,901
- Rising even more steeply to 6196 complaints in 2009
Simply put, pregnancy employment discrimination has reached epidemic proportions and occurs annually in the thousands of cases across the United States. You are the only one who can stand up for your rights.
Pregnancy Discrimination Act of 1978
You have the right to be treated exactly the same as other employees, no matter whether you are pregnant or suffer a pregnancy or childbirth-related illness or disability. This applies across the board – to compensation, promotions, time off, etc. – all aspects of employment.
Parity with Non-Pregnancy Health Issues
If you become temporarily disabled or ill due to childbirth or pregnancy, the employer must treat you in the exact same way that other employees are treated who are medically suffering. This relates to accommodations, as well as to providing proof in the form of a doctor’s note.
American Disabilities Act (ADA) of 1990
If you become disabled due to pregnancy, you may be covered under the ADA. In this case, your employer might need to give you accommodations – additional time off and/or or assistive techniques that allow you to continue being effective in the workplace.
Family and Medical Leave Act (FMLA) of 1993
Under the following conditions, you are entitled to 12 weeks off work during every 12-month period for maternity leave, childbirth, and recovery from childbirth through the Family and Medical Leave Act of 1993:
- Parity with Non-Pregnancy Health Issues
- If you become temporarily disabled or ill due to childbirth or pregnancy, the employer must treat you in exactly the same way that other employees are treated who are medically suffering.
Call the Wenzel Fenton Cabassa, P.A., office today if you feel you have been discriminated against or wrongfully terminated due to your pregnancy, and schedule your free consultation now.