What is Pregnancy Discrimination?
“Pregnancy discrimination involves treating a woman who is an employee, unfavorably as a result of pregnancy, childbirth, or any related medical condition. It is against federal law to treat an employee differently because she has given birth, become pregnant, or undergoing a medical condition as a consequence of child-birth or pregnancy.”
Pregnancy Discrimination | U.S. Equal Employment Opportunity Commission. (2020). Retrieved 7 October 2020, from https://www.eeoc.gov/pregnancy-discrimination
The Pregnancy Discrimination Act of 1978 (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. This act forbids discrimination based on pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. Women who are affected by pregnancy or related conditions are required to be treated in the same manner as other employees. Women are protected against pregnancy discrimination in the workplace under (PDA) and The Family Medical Leave Act of 1993 (FMLA). Under Federal and state law, it is illegal to discriminate based on pregnancy in the workplace.
The Pregnancy Discrimination Act (PDA) prohibits pregnancy discrimination in the workplace, as well as any aspect of employment actions including; firing, job assignments, promotions, layoff, hiring, maternity leave, and health insurance. Correspondingly, The New York State Human Rights Law forbids an employer from forcing an employee to take a leave of absence while pregnant, with the exception of; if the employee is unable to perform her normal work-related responsibilities. According to, New York State Department of Labor (DOL) and the New York State Division of Human Rights (DHR)
“Protect Women from Pregnancy Discrimination: This bill (S. 8 / A. 4272) requires employers to provide reasonable accommodations for pregnant employees. Some pregnancies can result in medical conditions requiring certain accommodations within the workplace and current protections for pregnant women are confusing and have been misinterpreted. This new law clarifies that employers must perform a reasonable accommodation analysis for pregnant employees.” Protecting and Furthering Equality in New York State | New York State Division of Human Rights. (2020). Retrieved 7 October 2020
Pregnancy discrimination is illegal, we must hold employers who violate these laws fully accountable.
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With over three decades of experience, the law firm of Rudolph F.X. Migliore, P.C. is positioned to help those who have been wrongfully discriminated against in the workplace. If you believe that you have been discriminated against because of your pregnancy contact us. Our law firm works with nationally recognized associated firms to reach major verdicts and settlements. Call our New York office at (631) 543-3663 to arrange a no cost, no obligation consultation to find out how an attorney can help you.