Pregnancy Discrimination - Know Your Rights!

As a starting point one thing should be made verymarried couples. Benefits cannot be provided
clear: You cannot be discriminated against for beingdifferently to pregnant and non-pregnant employees.
pregnant! You cannot be fired. You cannot be refusedSeniority, vacation, pay, temporary disability benefits,
employment. You cannot be demoted. You cannot bemust all be the same as all other employees.
docked pay.*This list is not all inclusive. See an attorney if you feel
Unfortunately, it seems to be a fairly commonas if you have, or are, suffering some sort of
occurrence that once a woman becomes pregnantmistreatment.
her formerly nice and reasonable employer treats herAdditionally, the law prevents retaliation for complaining
differently. Treating a woman differently - unless it's toabout discrimination either to your employer or to the
say how awesome it is that she's pregnant - is likely toEEOC. States and local governments may also have
be illegal. In 1978, Congress enacted the Pregnancylaws that are similar to the PDA.
Discrimination Act (PDA) as an amendment to Title VIIFor example, in Illinois the city of Chicago, Cook County,
of the Civil Rights Act of 1964. In doing so Congressand the state of Illinois all have laws intended to
made clear that women were not to be punished forprevent or remedy pregnancy discrimination. There are
becoming mothers.also administrative forums at each of these levels
The PDA prohibits discrimination in areas and ways,devoted to hearing claims of discrimination and
including*:providing remedies, including monetary damages.
- Hiring/Firing: An employer cannot refuse to hire aWomen who suffer, or believe that they may have
woman because of her pregnancy or a relatedsuffered, discrimination need to file a charge of
condition and cannot fire a woman for those thingsdiscrimination with the EEOC within 180 days of the
either.date of the last act of discrimination. The various local
- Pregnancy & Maternity Leave: An employer:and state agencies may have different filing times but
cannot single out pregnant women for specialmany mirror the 180 day filing requirement set by the
procedures to determine her ability to work; must holdfederal government as well as the types of
open the job while she is on pregnancy leave; mustdiscrimination considered illegal. Missing the filing date
treat her the same as any temporarily disabled workermay eliminate the women's right to sue so careful
if she is unable to perform her duties for a short time;attention must be paid to the date, or dates, the act of
must allow her to work if she is able.discrimination took place.
- Health Insurance: Employer provided health insuranceAs always, it's best to consult a local attorney about a
must cover pregnancy and pregnancy-relatedclaim of discrimination but these forums will allow a
conditions on the same basis as other medical issues.woman to file her claim without a lawyer and some will
- Fringe Benefits: Benefits cannot be given only toinvestigate the claims using trained personnel.