When a female worker or applicant is treated unfavorably due to her recent childbirth, pregnancy or relevant medical condition, that is considered discrimination. Employers are not permitted to treat women differently due to their pregnancy, being a new mother or because of gender. In this article, we have provided information about how this form of discrimination can happen, so you can be aware and identify such injustice if it happens to you.
If you believe you have been the target of pregnancy discrimination, it is time to consult with an attorney, like a discrimination litigation lawyer in Washington, DC from Eric Siegel Law. An attorney can help you decide how to approach the incident and answer any questions you may have. Many female workers may end up simply putting in their two week notice or shrugging off pregnancy mistreatment. You should not have to digest the unlawful behavior of another person because of your pregnancy or related condition.
Fair Benefit Coverage
Employers must offer the same benefit coverage for all workers whether they are carrying a baby, or not. These benefits include health, retirement and disability. Additionally, if the female worker is unable to do her normal job duties temporarily because of a condition that is related to being pregnant or the recent birth, she shall receive the same disability benefits as other workers. This means the employer must provide tasks that are modified, disability leave, alternative projects or unpaid leave.
Your employer has the legal obligation to treat you fairly and equally regardless of your pregnancy or related health status. Here are some examples of what an employer must or must not do when it comes to your rights:
- An employer may not deny a hire, halt a promotion, or layoff a worker due to being pregnant or a pregnancy-related illness.
- An employer cannot take into consideration or act on the expressed prejudices of customers, clients or coworkers regarding a pregnant worker.
- During an interview, it is unlawful for an employer to inquire about a pregnancy or ask gender-biased questions.
- An employer may not be discriminatory against a worker who may get pregnant in the future.
- An employer cannot hinder a pregnant worker from performing job tasks if she is physically capable and does not have any work restrictions.
- An employer must hold the job position for a worker who has to leave for disability, sick leave or a pregnancy-related absence.
- An employee who decides to have an abortion shall not be mistreated by coworkers or supervisors due to this choice.
- An employer must offer the same degree of health coverage for the husbands of female employees, as is accessible for the wives of male employees.
- Single workers and married workers shall receive the same degree of pregnancy-related benefits.
- A worker who is on leave must have the ability to accrue the same vacation time, seniority and disability benefits as other workers who are on leave due to another disability.
Please reach out to a law firm immediately so they can talk further about the discrimination incident, before it happens again.