Your rights as an employee and job seeker do not disappear when you become pregnant. State and federal laws are in place to ensure you are treated fairly and equally regardless of your family situation. The Reddy Law Firm, P.C. is here to help you understand your rights and get the help you need when you face illegal treatment as a result of your pregnancy.
There are several types of discriminatory situations that may arise as a result of an employee’s pregnancy. State and federal workplace discrimination laws are designed to protect pregnant employees. Title VII of the Civil Rights Act was amended by the Pregnancy Discrimination Act and specifically addresses a pregnant employee’s rights as well as compliance requirements for employers with more than 15 employees. Employers are prohibited from refusing to hire an applicant purely on the basis of her pregnancy. Employers may not fire or demote an employee simply because she is pregnant. Once an employee returns from maternity leave, the employer must ensure the same or similar job is available.
You are not legally required to notify employers of your pregnancy. As long as you are able to perform the requirements of the job, you must receive equal consideration for employment and may not be terminated on the basis of your pregnancy. Your current employer must allow you to work as long as your pregnancy permits. Companies may have specific notification requirements for all employees seeking time off. You should consult your employee handbook or human resources department to ensure that you comply with standard notification procedures.
The Family and Medical Leave Act (FMLA) was enacted in 1993 and provides certain employees with additional protections from discrimination and allowances for time off. Employers with more than 50 employees are required to comply with FMLA standards. Employees eligible for FMLA include:
FMLA leave provides employees with up to 12 weeks of unpaid, job-protected leave each year. For foreseeable leave, such as pregnancy, employees must notify an employer at least 30 days before leave is scheduled or as soon as practicable.
If you feel you were discriminated against based on your pregnancy, consult The Reddy Law Firm, P.C. to understand your rights and take necessary legal action. K.P. Reddy offers free initial phone consultations and is centrally located in the Sugarloaf area. Call 678-629-3246 or contact the firm online to discuss your case.