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When to Hire a Pregnancy Discrimination Lawyer
Carrying a child for nine months is hard enough but some pregnant women face greater difficulty, especially if their employees would discriminate against and harass them because of their condition.
A lot of employers tend to look at pregnant employees as a liability rather than an asset. Aside from having to lose an extra hand or labor, employers are likewise obligated to provide job protected leaves or benefits to eligible employees. This can cause them to resent if not, want to avoid hiring pregnant women. Thus, pregnancy discrimination can be common especially if employers want to maximize their employees at a minimal cost.
Expecting mothers however, need not tolerate employment discrimination and harassment. They have every right to be hired if they’re qualified for the job, given benefits, and be protected from harassment and retaliation on the basis of their condition. In case they are harassed or discriminated on at work because of they’re in the family way, they should seek the services of a pregnancy discrimination lawyer to help protect their rights under the law.
Under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978, it is illegal to discriminate against an employee on the basis of her pregnancy, childbirth, or related medical conditions. Pregnancy discrimination is also considered as a form of gender discrimination and these laws cover employers with 15 or more employees, state and local governments, employment agencies and labor organizations.
Pregnancy discrimination can consist of the following employment acts/decisions:
- Refusal to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of other people.
- Failure to provide reasonable accommodation such as modifying tasks, performing alternative assignments, or taking disability leaves or leave without pay in view of the employee’s pregnancy-related condition.
- Firing or demoting a pregnant employee or prohibiting the employee from returning to work for a predetermined length of time after childbirth.
- Refusal to give health insurance or leave benefits to pregnant female employees or their spouses.
- Retaliating against the pregnant employee for asking for leaves or other benefits provided under the law.
Under the law, pregnancy is contemplated as a temporary disability. Thus, any employee who is pregnant or who suffers from severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth should be accorded the same treatment and benefits given to employees with other temporary disabilities.
If you’re from Los Angeles and you are facing adverse employment decisions because of your pregnancy, do not hesitate to acquire legal assistance. Pregnancy is a natural part of a woman’s life and should not be the basis of discrimination or harassment.