Pregnancy Discrimination Act

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Pregnancy leave and pregnancy discrimination is a very serious issue in the workplace. So much so that the US government implemented the Pregnancy Discrimination Act, is an amendment to Title VII of the Civil Rights Act of 1964. This act creates maternity leave laws to ensure maternity leave employment protection for women.

Pregnancy and Maternity Leave

Due to pregnancy discrimination laws, an employer may not discriminate against someone for pregnancy-related conditions or for special procedures such as pregnancy leave disability, to determine an employee's ability to work. With the act, pregnancy leave law allows women to be pregnant without fear of discrimination. However, an employer may require its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits.

Under the Family and Medical Leave Act, employers must allow an eligible employee to take up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • For the birth and care of a newborn child of the employee;
  • For placement of a son or daughter with the employee for adoption or foster care; to care for an immediate family
  • Member (spouse, child, or parent) with a serious health condition; or
  • To take medical leave when the employee is unable to work because of a serious health condition.

Discrimination on the basis of any pregnancy related condition constitutes unlawful sex discrimination under Title VII. This law covers employers with 15 or more employees, including state and local governments. In addition, Title VII applies to employment agencies and labor organizations, as well as to the federal government. Pregnant women must be treated by employers and coworkers in the same manner as other applicants or employees with similar abilities or limitations.

Only experienced employment lawyers will have the knowledge and experience in pregnancy discrimination to help fight for your rights.

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