Pregnancy Discrimination

Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination against pregnant workers in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Also, the PDA requires an employer who allows workers with temporary disabilities to take an extended medical leave of absence must also provide the same opportunity to pregnant employees. An employer can not force a pregnant employee to remain on medical leave until they give birth or prohibit them from returning until they give birth or prohibit them from returning until a certain period of time elapses following child-birth. 

The Family and Medical Leave Act entitles qualifying pregnant workers to take up to twelve weeks of unpaid leave in order to care for newborns or newly adopted children and protects their job while they’re on medical leave.  

Federal and state laws also prohibit employers from refusing to hire or terminate an employee because she is pregnant. If an employer offers employees health insurance, medical leave or other benefits and privileges, they must also offer pregnant employees the same benefits. 

What to do if you think you’ve been discriminated against:

If you think you’ve been discriminated against, you may file a charge of discrimination with the Equal Employment Oppotunity Commission (EEOC) within 300 days of when the alleged discriminatory act took place or with the Arizona Civil Rights Division (ACRD) of the Attorney General’s Office within 180 days of when the alleged discriminatory act took place. 

Tyler Allen Law Firm represents those who have experienced discrimination and is committed to eliminating discrimination in the work place. If you’ve been terminated or denied accommodation because of pregnancy contact the Tyler Allen Law Firm by filling out the form on this page or calling us at (602) 456-0545. We’re here to help.