The Pregnancy Discrimination Act is an amendment to Title VII of the Civil
Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth,
or related medical conditions constitutes unlawful sex discrimination
under Title VII, which covers employers with 15 or more employees. Pregnant
women must be treated in the same manner as other applicants or employees
with similar abilities or limitations. An employer cannot refuse to hire
a pregnant woman because of the pregnancy or conditions of pregnancy.
If you are facing pregnancy discrimination, do not hesitate to
contact our Miami employment law attorneys for more information.
What Does this Mean for My Job?
An employer may not single out pregnancy conditions for special procedures
to determine an employee's ability to work. However, if an employer
requires its employees to submit a doctor's statement concerning their
inability to work before granting leave or paying sick benefits, the employer
may require employees affected by pregnancy-related conditions to submit
such statements. If an employee is temporarily unable to perform her job
due to pregnancy, the employer must treat the employee the same as any
other temporarily disabled employee.
In addition, the Act protects employees by:
- Ensuring that pregnant employees must be permitted to work as long as they
are able to perform their jobs
- Not requiring an employee to remain on leave until the baby's birth
if an employee has been absent from work as a result of a pregnancy-related
condition and recovers
- An employer may not have a rule that prohibits an employee from returning
to work for a predetermined length of time after childbirth
- Employers must hold open a job for a pregnancy-related absence the same
length of time jobs are held open for employees on sick or disability leave
Am I Entitled to Benefits?
If an employer provides any benefits to workers on leave, the employer
must provide the same benefits for those on leave for pregnancy-related
conditions. Employees with pregnancy-related disabilities must be treated
the same as other temporarily disabled employees for accrual and crediting
of seniority, vacation calculation, pay increases, and temporary disability benefits.
An employer cannot retaliate against an individual for opposing employment
practices that discriminate based on pregnancy (filing a discrimination
charge, testifying, or participating in any way in a proceeding under the PDA). (Participation means taking part in an employment discrimination proceeding.
Participation is protected activity even if the proceeding involved claims
that ultimately were found to be invalid).
If you have any questions about pregnancy discrimination, call Remer &
Georges-Pierre, PLLC ay 305.416.5000 for a