Pregnancy Discrimination: Know Your Rights!

As a starting point one thing should be made very*    Fringe Benefits: Benefits cannot be given only
clear: You cannot be discriminated against for beingto married couples. Benefits cannot be provided
pregnant! You cannot be fired. You cannot be refuseddifferently to pregnant and non-pregnant employees.
employment. You cannot be demoted. You cannot beSeniority, vacation, pay,temporary disability benefits,
docked pay.must all be the same as all other employees.
Unfortunately, it seems to be a fairly common*This list is not all inclusive. See an attorney if you feel
occurrence that once a woman becomes pregnantas if you have, or are, suffering some sort of
her formerly nice and reasonable employer treats hermistreatment.
differently. Treating a woman differently – unlessAdditionally, the law prevents retaliation for complaining
it’s to say how awesome it is that she’sabout discrimination either to your employer or to the
pregnant – is likely to be illegal.EEOC. States and local governments may also have
In 1978, Congress enacted the Pregnancylaws that are similar to the PDA. For example, in Illinois
Discrimination Act (PDA) as an amendment to Title VIIthe city of Chicago, Cook County, and the state of
of the Civil Rights Act of 1964. In doing so CongressIllinois all have laws intended to prevent or remedy
made clear that women were not to be punished forpregnancy discrimination. There are also administrative
becoming mothers.forums at each of these levels devoted to hearing
The PDA prohibits discrimination in areas and ways,claims of discrimination and providing remedies, including
including*:monetary damages.
*    Hiring/Firing: An employer cannot refuse to hireWomen who suffer, or believe that they may have
a 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: Anand state agencies may have different filing times but
employer: cannot single out pregnant women formany mirror the 180 day filing requirement set by the
special procedures to determineher ability to work;federal government as well as the types of
must hold open the job while she is on pregnancydiscrimination considered illegal. Missing the filing date
leave; must treather the same as any temporarilymay eliminate the women’s right to sue so careful
disabled worker if she is unable to perform herattention must be paid to the date, or dates, the act of
dutiesfor a short time; must allow her to work if she isdiscrimination took place.
able. As always, it’s best to consult a local attorney
*    Health Insurance: Employer provided healthabout a claim of discrimination but these forums will
insurance must cover pregnancy andallow a woman to file her claim without a lawyer and
pregnancy-relatedconditions on the same basis assome will investigate the claims using trained personnel.
other medical issues.