Have You Been a Victim of Pregnancy Discrimination?

Matern Law Group, PC is an employment law firm based in San Francisco, CA.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act prohibits sex discrimination, including pregnancy discrimination. The Pregnancy Discrimination Act (PDA) prohibits discrimination in all aspects of employment, including hiring, firing, promotion, pay and other employment benefits.

It prohibits policies that limit or prevent women from doing jobs simply because they are pregnant or of childbearing age. It also forbids policies that disparately impact women because they are pregnant or able to become pregnant. Pregnancy discrimination under Title VII can be based on:

• Current pregnancy
• Past pregnancy
• Potential pregnancy
• Medical condition related to pregnancy or childbirth including breastfeeding/lactation
• Having or choosing not to have an abortion
• Birth control (Contraception)

The Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a reasonable accommodation to a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

The Americans with Disabilities Act (ADA) prohibits discrimination against an applicant or employee based on a disability, including a disability related to a pregnancy such as diabetes that develops during pregnancy. While pregnancy itself is not a disability under the ADA, some pregnant workers may have one or more impairments related to their pregnancy that qualify as a “disability” under the ADA. An employer may have to provide that worker with a reasonable accommodation for the pregnancy-related disability.

The ADA also requires that employers keep all medical records and information, including those that are pregnancy-related, confidential and in separate medical files.

Pregnant workers and new parents may have additional rights under the Family and Medical Leave Act (FMLA). Workers needing to express breast milk in the workplace may have additional rights under the Fair Labor Standards Act (FLSA). Both of these laws are enforced by the U.S. Department of Labor’s Wage and Hour Division.

If you are a job applicant or an employee who believes that an employer has discriminated against you because of your pregnancy or your pregnancy-related disability, you can contact our experienced pregnancy discrimination lawyers for a free legal consultation.

Our attorneys are devoted to employee representation for all types of pregnancy discrimination. We are committed to obtaining justice for you. We pride ourselves on delivering exceptional legal services to our clients. Let us fight for your rights!

Matern Law Group, PC is committed to obtaining justice for YOU.