Hamilton Township Pregnancy Discrimination Attorney

Hamilton Township Pregnancy Discrimination

Which Federal Laws Protect Female Workers From Pregnancy Discrimination?

The Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA) are crucial federal laws protecting female employees from pregnancy discrimination. Under these laws:

  • Employers cannot terminate a female employee solely because she is pregnant.
  • It is illegal to refuse to hire a qualified woman because of her pregnancy status.
  • Pregnant employees should be treated as temporarily disabled and accommodated accordingly, similar to other temporarily disabled employees.
  • Upon returning from pregnancy leave, employers must reinstate the employee to her previous position or a comparable one.
  • Discriminatory actions such as demotion, reduction in hours, or removal of privileges/responsibilities based on pregnancy are prohibited.
  • Implementing rules restricting employees from returning to work before or after childbirth is unlawful.
  • Penalizing pregnant employees for prenatal appointments when others are not penalized for medical leaves is prohibited.
  • Qualified pregnant employees cannot be overlooked for promotions or pay raises solely due to their pregnancy status.

Frequently Asked Questions About Pregnancy in the Workplace

Pregnancy discrimination, as defined by the Pregnancy Discrimination Act (PDA), encompasses various forms of unfair treatment based on pregnancy, childbirth, or related medical conditions. Examples include:

  1. Discrimination in hiring, firing, promotions, raises, or layoffs.
  2. Denial of training opportunities or fringe benefits due to pregnancy.
  3. Unlawful actions such as docking, reducing, or withholding compensation because of pregnancy.
  4. Reduction of work hours or altering job assignments unfavorably due to pregnancy.
  5. Creating a hostile work environment based on pregnancy status.
  6. Anything that adversely affects the terms and conditions of employment because of pregnancy.

Regarding pregnancy as a disability:

While pregnancy itself isn’t classified as a disability under federal law, some pregnancy-related conditions may qualify as temporary disabilities under the Americans with Disabilities Act (ADA), such as gestational diabetes.

As for employer-mandated leave:

Employers cannot compel pregnant employees to take leave solely because of pregnancy, as long as the employee is able to perform their job duties.

Furthermore, employers cannot force pregnant employees to stay on leave if they recover from a pregnancy-related condition.

Regarding doctor’s notes:

Under the PDA, employers cannot demand pregnant employees to provide medical documentation that wouldn’t be required of other employees in similar situations.

However, there may be exceptions where providing medical documentation is necessary, such as adhering to existing company policies on sick leave.

Assertive Legal Representation for Pregnancy Discrimination Victims in Hamilton Township

If you’ve faced termination or discrimination due to pregnancy, seek counsel from a New Jersey discrimination attorney at Castronovo & McKinney, LLC promptly. We’re adept at safeguarding your rights under state and federal laws tailored to shield you from such injustice.