Under the PDA, ADA, and FMLA
When you’re pregnant, you have the right to certain protections at work. However, pregnancy discrimination is still a real problem in the United States.
Despite the fact that the Pregnancy Discrimination Act has been in place since 1978, studies show that approximately 250,000 women are denied accommodations they are entitled to in pregnancy every year.
Your Rights Under the Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act states that any employer with 15 or more employees is barred from discriminating against pregnant employees. Discriminatory actions may include (but are not limited to):
• Keeping you from accessing training opportunities
• Withholding a promotion or job assignment
• Reducing your pay, firing you, or laying you off
• Changing your hours to less optimal hours
• Preventing you from accessing leave you’re entitled to
• Preventing you from accessing health insurance or other benefits
Under the PDA, your employer is required to treat you the same way it does employees who are not pregnant, and who have a temporary disability: they have to provide a reasonable accommodation for your health condition.
For instance, if other employees with disabilities are given reasonable accommodations such as a customized ergonomic desk and chair; a light-duty work option; or a change in schedule to accommodate doctors’ appointments, then it must offer the same to you.
The Supreme Court has held that the employer doesn’t have to...
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