Pregnancy Discrimination

Employers are liable for Pregnancy Discrimination. Workplace pregnancy discrimination is still a problem in the workforce which lead to unnecessary pregnancy discrimination lawsuit. These pregnancy discrimination cases could be avoided if the employer followed regulations.

The Pregnancy Discrimination Act (‘The Act”), or pregnancy leave law , which was an amendment to Title VII of the Civil Rights Act of 1964, provides that no employer with more than 15 employees can discriminate against a female employee on the basis of pregnancy, childbirth, or a related medical condition. Some states have passed more protective pregnancy discrimination laws of their own, which close the “15 person” loophole in the federal Act.

Workplace Pregnancy Discrimination

The Pregnancy Discrimination Act, in short, makes it illegal for employers to treat pregnant women differently from other employees. Specifically,

• An employer cannot refuse to hire a women due only to the fact that she is pregnant;
• Must allow a female employee the pregnancy/maternity leave time to which she is entitled under the Family and Medical Leave Act;
• Must treat a pregnant employee like any other employee who is temporarily disabled and unable to work;
• Must permit a pregnant employee to work as long as she is able prior to the pregnancy;
• Cannot keep an employee out of work for a predetermined length of time following child birth.

Pregnancy Discrimination Lawsuit

When an employer violated the Pregnancy Discrimination Act, the pregnant employee has a right to sue to recover damages under the Act.  An aggrieved employee may be eligible to recover some or all of the following from her employer:

• Lost wages
• Any time or money she was entitled to that was not credited to her pension, retirement, or other benefit account
• Damages for emotional or physical pain and suffering;
• Legal Fees

Pregnancy Discrimination Cases

Pregnancy Discrimination on the Rise: Despite the perception that corporate America is becoming more “family-friendly,” the Equal Employment Opportunities Commission (EEOC) reports that pregnancy discrimination claims have risen sharply in the last several years. In 2008, pregnancy discrimination claims jumped 14 percent, the largest annual increase in 13 years.

• The most famous case involving the Pregnancy Discrimination Act remains a 1991 case against AT &T Corporation, wherein 13,000 employees were awarded $66 million in a class action suit. Some recent important rulings involving the Act  are:
• AT&T Corporation v. Hultgreen: In 2008, the United States Supreme Court held that an employee who was discriminated against by her employer prior to the passing of the Pregnancy Discrimination Act was not entitled to pension credit for the time she was forced out of work.
• The Ohio Supreme Court found that an Ohio law banning pregnancy discrimination did not protect a mother who took unauthorized breaks to pump breast milk during working hours.

If you believe that you’ve been discriminated against in the workplace on the basis of pregnancy, childbirth, or a related medical condition, you should first contact your local branch of the Equal Employment Opportunities Office or the Women’s Bureau of the U.S. Department of Labor.