Pregnancy discrimination occurs when a woman is unfairly treated because of her pregnancy, childbirth, or a medical condition associated with childbirth or pregnancy. Pregnancy discrimination is prohibited under the Pregnancy Discrimination Act of 1978, which applies to employers who have at least 15 workers. Title VII of the Civil Rights Act considers pregnancy discrimination as a form of sex discrimination. Female employees and job applicants are protected by law against this form of discrimination. And victims of this practice should consult a San Antonio Employment Discrimination Lawyer to ensure their rights are protected.
Should Pregnant Employees Disclose their Pregnancy to their Employer?
It is not a legal requirement to disclose one’s pregnancy at a job interview or even during employment. But, it is up to the woman if they want to do so, especially if they may request any type of accommodation to attend medical visits or pregnancy-related sickness or arrange a maternity leave.
If you are a pregnant woman, make sure to know what you may be entitled to during your pregnancy before you discuss your pregnancy with your employer. Consult with the HR department or check your employee handbook or employment contract to determine your pregnancy or maternity options. Your benefits may include vacation days, holiday time, personal days, short-term disability, paid sick leave, paid pregnancy/maternity leave, unpaid family leave time, and others.
How Your Employer Should Treat You at Work
As a pregnant woman, you should be treated by your employer in the same way they treat non-pregnant workers who are limited in their ability to work. Usually, this means this considering pregnancy or pregnancy-related medical conditions as a form of disability. Pregnant employees or those with pregnancy-related medical conditions are usually given the same remedies as employees under short-term disabilities.
Pregnancy Discrimination and Harassment in the Workplace
Harassing a woman due to her pregnancy, childbirth, or pregnancy-related condition is unlawful. Harassment is not legal when it’s frequent and serious enough to create a hostile or offensive work environment or when it leads to an adverse employment decision like firing or demoting the employee.
If you have been discriminated against by your employer because of your pregnancy, you may file a complaint with the EEOC. You should do so within 180 days of the discriminatory action to preserve your legal rights. Also, make sure to speak with a lawyer to know your rights and advocate for you.