Many people are under the mistaken assumption that the laws that encompass pregnancy protections in the workplace only apply to pregnant employees. However, these protections apply to everyone within the workplace. Pregnant employees are protected by numerous laws against direct or indirect discrimination from other employees. The complexity and scope of the laws protecting employees from discrimination based on pregnancy is the catalyst for a substantial number of EEOC (Equal Employment Opportunity Commission) complaints every month.
If you are a pregnant woman and feel that you have been treated unfairly because of your condition, there are laws that offer you protection.
Do You:
- Think you were not hired due to being pregnant?
- Think you were laid off or fired due to being pregnant?
- Think you that you didn’t get promoted due to being pregnant?
- Think that the reason why standard pregnancy benefits were not given to you is due to you not being married?
If you experienced any of these situations, chances are that you are victim of discrimination. Based on figures from the EEOC, thousands of employees face pregnancy related discrimination issues annually. If you have been subject to discrimination based on being pregnant, you may have a right to compensation.
Under New York and Federal law, an employee may have a child without the fear of losing one’s job. To discriminate against a woman because of her status of being pregnant is a violation of Title VII of the 1964 Civil Rights Act.
The law requires that employers who have a workforce of 15 or more workers cannot:
- Refuse the hiring of pregnant women
- Force or fire an employee due to her being pregnant
- Remove retirement compensation, work credits or job seniority once an employee applies for maternity leave
- Refuse the hiring of women that have had an abortion
Under the law, a pregnant employee can keep on working under the stipulation that she is still capable of doing her job. An employer does not have a right to set a time frame as to how long a woman can take time off work pre, and post childbirth. If your employer or company does not provide you with such benefits, this may constitute discrimination and give rise to a right to compensation.
Numerous States including New York provide its workers partial wages once they encounter medical issues so you should check to see if you qualify for “temporarily disability insurance.”
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