Image Courtesy of CNET
Pregnancy Discrimination Act (PDA)
The following is a partial list of the provisions made for a pregnant woman who is seeking employment, or is already employed when she becomes pregnant. The Pregnancy Discrimination Act (PDA) states:
- An employer cannot refuse to hire a woman because of her pregnancy related condition, as long as she is able to perform the major functions of her job.
- An employer cannot refuse to hire her because of its prejudices against pregnant workers or because of the prejudices of co-workers, clients, or customers.
- The PDA forbids discrimination based on pregnancy when it comes to any other aspect of employment, including pay, job assignments, promotions, layoffs, training, fringe benefits, firing, and any other term or condition of employment.
- Pregnant employees must be permitted to work as long as they are able to perform their jobs.
- If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing light duty, modified tasks, alternative assignments, disability leave, or leave without pay.
- Impairments resulting from pregnancy (for example, gestational diabetes–frequent restroom trips, need to eat more frequently, etc.) may be disabilities under the Americans with Disabilities Act (ADA). An employer may have to provide a reasonable accommodation for a disability related to pregnancy, such as modified duties, closer proximity to a restroom, more frequent breaks, and/or reduced work hours. For more information about the ADA, see Americans for Disabilities Act.
“It is wrong for any employer no matter how large or small to discriminate against pregnant employees,” said Gavin Kassel, an employment lawyer who represented four of the women in these pregnancy cases against Amazon. (CNET Article May 6, 2019)
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The U.S. Equal Employment Opportunity Commission (EEOC) has developed a wide range of fact sheets, question and answer documents, and other publications to help employees and employers understand the complex issues surrounding pregnancy disability discrimination.
Prior to filing a claim, it would be helpful to consult with a highly experienced employment law attorney. The preeminent legal team at SANFORD A. KASSEL, A Professional Law Corporation, can answer your questions, discuss the facts of your particular case, and advise you on how to proceed.
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