Federal law provides important protections for employees who experience pregnancy discrimination in the workplace. Two primary federal laws apply: the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Together, these laws prohibit employers from treating employees unfairly because of pregnancy, childbirth, or related medical conditions. Under these laws:
- Employers cannot fire, lay off, or otherwise terminate an employee because she is pregnant.
- Qualified applicants cannot be denied employment because of pregnancy.
- Pregnant employees must be treated the same as other employees with temporary medical conditions, including receiving reasonable accommodations when required.
- Employees who take protected maternity or pregnancy-related leave must be restored to the same or a comparable position upon returning to work.
- Employers cannot reduce hours, demote an employee, or take away job responsibilities because of pregnancy.
- Pregnant employees who are medically able to work cannot be forced to take leave before or after childbirth.
- Employers cannot discipline employees for attending prenatal medical appointments if they do not impose the same restrictions on employees attending other medical appointments.
- Pregnancy cannot be used as a reason to deny promotions, pay increases, training opportunities, or other career advancement.
Frequently Asked Questions About Pregnancy Discrimination in the Workplace
What is considered pregnancy discrimination?
Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. This can include discrimination during hiring, firing, promotions, compensation, job assignments, training, scheduling, benefits, or other terms of employment. It may also involve reducing hours, creating a hostile work environment, or retaliating against an employee for asserting her legal rights.
Is pregnancy considered a disability?
Pregnancy alone is not considered a disability under federal law. However, pregnancy-related medical conditions such as gestational diabetes, preeclampsia, severe morning sickness, or other complications may qualify as disabilities under the Americans with Disabilities Act (ADA), requiring employers to provide reasonable accommodations when appropriate.
Can an employer force a pregnant employee to take leave?
No. If a pregnant employee is able to perform the essential functions of her job, an employer generally cannot require her to take leave. Likewise, once an employee is medically cleared to return to work following childbirth or a pregnancy-related condition, the employer cannot require additional leave.
Can employers require extra doctor’s notes from pregnant employees?
Employers must apply their medical documentation policies consistently. They cannot require pregnant employees to provide more medical documentation than they require from employees with other temporary medical conditions or disabilities.
Legal Representation for Pregnancy Discrimination in Weymouth Township, NJ
If you have experienced pregnancy discrimination, wrongful termination, demotion, denial of accommodations, retaliation, or other unlawful treatment by an employer in Weymouth Township, NJ, Castronovo & McKinney, LLC represents employees seeking to protect their rights under New Jersey and federal employment laws. Our attorneys evaluate the facts of your case, explain your legal options, and pursue employers who violate workplace discrimination laws. If you believe your employer treated you unfairly because of your pregnancy or a related medical condition, we are prepared to help you seek the compensation and accountability you deserve.
