Diligent Representation In Pregnancy Discrimination Cases
Women work hard enough without having to endure job discrimination due to pregnancy or giving birth. Despite state and federal law governing the treatment of female employees who are pregnant or have given birth, women continue to be treated unlawfully. They have legal recourse if they experience any of these situations:
- A woman employee is passed over for a promotion, with management telling her that the decision made sense because she is pregnant.
- A woman employee is moved from the front office to records after she takes three hours off to see her obstetrician.
- A woman employee with a newborn child is forbidden from expressing milk during breaks.
- Maternity leave is denied to a woman employee because “that’s not our practice here.”
- A woman employee is excluded from training because she is expecting.
- A pregnant employee is terminated because she declined to have an abortion.
Pregnancy, Employment And The Law
Title VII of the Civil Rights Act of 1964 protects women against discrimination on the basis of sex. In 1978, the law was amended with the Pregnancy Discrimination Act (PDA) outlawing discrimination based on pregnancy, childbirth or related medical conditions.
The PDA requires employers to treat pregnant women the same as other employees on matters of pay, job assignments, promotions, layoffs, training, fringe benefits, firing and other conditions of employment. Likewise, employers must provide pregnant employees with suitable accommodations so that they can continue to work.
Ohio has its own laws prohibiting discrimination against women.
You have been discriminated against if, because you are pregnant or have recently given birth, you are denied rightful training, time off, promotion or benefits; if you are disciplined, demoted or transferred because of pregnancy; if you are fired; if you are paid less; if your rights under the Family and Medical Leave Act (FMLA) have been abridged; or if you have been subjected to a hostile work environment or treated differently in any way than a nonpregnant employee is treated.
Advanced Employment Law For The Columbus Metro Area
The lawyers at Mowery Youell & Galeano, Ltd., have enjoyed success over the years defending the rights of women employees who are pregnant or have given birth. Not all cases are strong, however, and not all unfair treatment constitutes discrimination.