Pregnant workers face unique challenges in the workplace. Often pregnant workers are subjected to harassment, discrimination and wrongful termination.
There are several laws on the books right now that can be used to protect the rights of pregnant workers, such as:
- The Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for disabled employees. While pregnancy is not classified as a disability within the ADA, pregnancy-related conditions are covered by the 2008 ADA amendments, including hypertension, severe nausea, sciatica and gestational diabetes.
- The Pregnancy Discrimination Act (PDA prohibits discrimination based on pregnancy and requires employers to treat pregnant workers no worse than non-pregnant workers. That means if an employer makes an accommodation for a non-pregnant worker, such as allowing an older cashier to sit on a stool, the employer must allow a pregnant cashier to sit on a stool as well.
- The Family and Medical Leave Act (FMLA) provides eligible workers up to 12 weeks of unpaid leave to care for a newborn. It also enables workers to take unpaid medical leave for serious pregnancy related health conditions.
But more can be done. According to a recent report by the National Women’s Law Center and A Better Balance, pregnant workers are often fired or forced to take unpaid leave when their requests for workplace accommodations are either ignored or denied. The Pregnant Workers Fairness Act, currently pending in Congress, would require employers to provide reasonable accommodations to pregnant workers so long as doing so would not impose an undue hardship on the employer. That is the same standard that presently exists under the ADA for disabled employees.
If you have suffered workplace discrimination or were terminated because of your pregnancy or recent childbirth, you may have a legal claim against your employer. Speak to a pregnancy discrimination lawyer to learn what your rights and remedies are.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
