Under the Pregnancy Discrimination Act, employers are forbidden from discriminating against pregnant employees. Additionally, the PDA is intended to prevent discrimination based on medical conditions caused by pregnancy or childbirth. Furthermore, the Americans with Disabilities Act (ADA) covers some pregnancy-related health conditions that qualify as a disability, adding additional protection for pregnant workers.
Unfortunately, despite the PDA, the US Equal Opportunity Commission reports a high number of pregnancy discrimination claims. If you are facing or believe you are facing pregnancy discrimination in the workplace, you should contact an experienced workplace discrimination lawyer in Kansas City.
5 Examples of Workplace Pregnancy Discrimination in Kansas City
Here are some examples of pregnancy discrimination in the workplace. Understanding and recognizing examples of pregnancy discrimination can better prepare women in the workplace to identify issues and seek legal representation to hold their employers accountable.
Refusing to Hire You Because You Are Pregnant or May Become Pregnant
Some employers mistakenly believe that pregnancy interferes with an employee’s ability to work in all circumstances, and so they refuse to hire persons who are pregnant or may become pregnant. However, refusing to hire a person because they are pregnant is a type of pregnancy discrimination, and refusing to hire a person because they may become pregnant is a type of sex or gender discrimination.
Firing You Because You Are Pregnant
Some employers fire pregnant employees because they believe the child and the pregnancy will interfere with their work. Other employers may do so because they believe the job won’t be healthy for the pregnant worker. However, firing a woman because she became pregnant is illegal.
Not Providing You with a Safe Place to Pump
Under the Affordable Care Act, most employers with over fifty employees must provide breaks for pregnant and recently-pregnant employees to safely pump breast milk. The location must be somewhere other than a restroom and must be secure and private. However, it’s important to note that smaller employers, those with less than fifty employees, may not be required to accommodate for pumping if they can prove it’s an undue hardship.
Retaliating against You for a Discrimination Claim
This form of discrimination occurs when a woman files a report of discrimination, and her employer retaliates somehow. Retaliation can look like this:
- Bad performance reviews
- Verbal or physical harassment
According to the Equal Employment Opportunity Commission (EEOC), this is the most typical form of discrimination women face in the workplace.
Refusing to Provide Reasonable Accommodations
Under the ADA, you may be entitled to reasonable accommodations because of your pregnancy or health condition related to a current or recent pregnancy. Your employer is legally required to offer accommodations as they would another non-pregnant employee with physical constraints. It’s important to note that you must file an accommodation request. Your employer isn’t automatically legally required to offer accommodations simply because you’re pregnant. However, if you’ve gone through all the steps and your employer still denies you reasonable accommodations, that may be illegal.
Contact a Kansas City Workplace Discrimination Lawyer at Hollis Law Firm
If you have faced pregnancy discrimination in the workplace, you deserve to have someone in your corner who can help you fight for your rights. If you have been discriminated against due to your pregnancy in Kansas City, our workplace discrimination lawyer may be able to help build a strong case and hold your employer accountable.
Hollis Law Firm helps clients in Kansas seek the justice they are owed. Our experienced workplace discrimination lawyer understands pregnancy discrimination law and can help you navigate the process. We are proud to provide our clients with trusted legal counsel. Schedule a consultation with us at (800) 701-3672 or fill out our contact form.