Job Protections in Pregnancy
Prior to the Pregnancy Discrimination Act of 1978, there was a long history of discrimination against pregnant women in the workplace. While some degree of discrimination still exists, there are two primary federal laws that regulate job protection for pregnant employees to prevent and reduce discriminatory practices. The Pregnancy Discrimination Act was an amendment to Title VII of the Civil Rights Act of 1964. The law, which covers employers with 15 or more employees, has established that discrimination of employees based on pregnancy, child birth and any related medical condition is considered sexual discrimination and illegal. The Family and Medical Leave Act of 1993 (FMLA) is another primary law that provides additional job protection for families and their children.
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Employment Protection
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The Pregnancy Discrimination Act protects expectant mothers from the initial hiring process through their employment for companies. Expectant mothers can’t be denied employment, job assignments, promotions or any other fringe benefits based solely on their pregnancy. They also can't be fired or laid off due to their pregnancy.
Disability Rights For Pregnant Employees
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A pregnant employee’s disability rights also are protected under the Pregnancy Discrimination Act. An expectant mother must receive the same medically related rights and fair treatment as her co-workers. She is entitled to disability leave, which can be paid or unpaid, a modified work schedule and options for work assignments to accommodate her condition.
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Protection Against Discrimination and Harassment
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Serious harassment by another employee that is related to an expectant mother's pregnancy and childbirth that creates a hostile environment for a pregnant woman is a violation of the Pregnancy Discrimination Act. The regulation covers harassment by another employee, including management, as well as clients and customers. An example of serious harassment would be the loss of a job or a demotion due to the employee’s pregnancy. Employees who believe that they are being harassed must take into consideration that an occasional offhand remark is not considered serious harassment and pursue other options for a resolution.
Health Insurance Rights for Expectant Mothers
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Legally, an expectant mother also has the same rights for health insurance for any medical condition that occurs during her pregnancy. It is comparable to any medical condition that would occur for any other employee in her company. A pregnant employee's rights cover expenses, payment structure and plan deductibles that are comparable to other medical conditions. Overall, denial of the same level of health benefits to a pregnant employee as that offered to other employees is a violation of the Pregnancy Discrimination Act.
Maternity Leave and the FMLA Act
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A pregnant employee is entitled to work as long as her pregnancy permits her to do so. For example, it would be illegal to request an expectant mother to begin her maternity leave when she is in her seventh month of pregnancy. In addition, the Family and Medical Leave Act of 1993, amended in 2008, provides family and medical leave privileges and job protection to pregnant employees. However, it only regulates organizations with 50 or more employees. Eligible employees, with an employment status of 12 months prior to the leave, are entitled to a total of 12 weeks of unpaid leave before and following the birth of a child. Group health coverage benefits must continue for the expectant mother on leave because legally her status is considered continuous employment.
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References
- Equal Opportunity Employment Commission: Pregnancy Discrimination
- Women's Healthcare Topics: Laws That Protect You During Pregnancy
- Equal Opportunity Employment Commission: Facts About Pregnancy Discrimination
- Department of Labor: The Family and Medical Leave Act (FMLA)
- Department of Labor: Wage and Hour Division: Family and Medical Leave Act
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