Which Federal Laws Protect Female Workers From Pregnancy Discrimination?
Two major federal laws protect female employees against pregnancy discrimination: the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Together, these laws guarantee that:
- Employers cannot fire someone because they are pregnant.
- Women cannot be denied a job if they are qualified, even if they are pregnant.
- Pregnant employees must be treated the same as any other temporarily disabled worker, with equal access to accommodations.
- After maternity or pregnancy-related leave, employees must be restored to their prior job or an equivalent position.
- Employers cannot reduce hours, demote, or remove responsibilities because of pregnancy.
- Employers cannot restrict when employees return to work before or after childbirth if the employee is medically able to work.
- Pregnant employees cannot be penalized for attending prenatal medical appointments if other employees are not penalized for medical visits.
- Pregnancy cannot be used as a reason to block promotions or pay raises.
Frequently Asked Questions About Pregnancy in the Workplace
What counts as pregnancy discrimination?
Under the PDA, discrimination includes unfair treatment in hiring, firing, promotions, pay raises, layoffs, job assignments, training, or benefits because of pregnancy. Employers also cannot reduce pay or hours, create hostile conditions, or take any action that negatively impacts employment based on pregnancy.
Is pregnancy considered a disability?
Pregnancy itself is not a disability under federal law. However, pregnancy-related conditions (such as gestational diabetes or preeclampsia) may qualify as temporary disabilities under the Americans with Disabilities Act (ADA).
Can an employer force leave?
No. Employers cannot force a pregnant employee to take leave if she is able to work. Likewise, they cannot force her to remain on leave after recovery from a pregnancy-related condition.
What about doctor’s notes?
Employers cannot require pregnant workers to provide more medical documentation than is required from other employees with temporary conditions. Employers must follow the same policies applied to comparable situations.
Legal Representation for Pregnancy Discrimination in Hammonton, NJ
If you experienced termination, demotion, or unfair treatment due to pregnancy in Hammonton, NJ, the attorneys at Castronovo & McKinney, LLC can help. Our firm focuses on protecting workers under both state and federal law, ensuring employers are held accountable for violating the rights of pregnant employees.