As a part of Title VII of the Civil Rights Act, the Pregnancy Discrimination Act forbids discrimination on the basis of pregnancy with regard to hiring, firing, job assignments, promotions, layoffs, training, benefits and other terms and conditions of employment. Pregnancy discrimination includes the unfavorable treatment of employees and applicants based on pregnancy, childbirth or related medical condition.
It is also against the law to harass a woman because of pregnancy, childbirth or a related medical condition. This behavior is illegal when it is so severe or frequent that it creates a hostile work environment or it results in an adverse employment action such as a demotion or firing. The harasser can be the victim’s supervisor, a supervisor from another area, a co-worker or a non-employee such as a customer or client.
Under the Americans with Disabilities Act (ADA), an impairment resulting from pregnancy such as gestational diabetes may be categorized as a disability. For conditions like this, an employer may be obligated to provide a reasonable accommodation (such as a job modification or leave) unless doing so would present an undue hardship to the employer.
When a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer must treat her the same way it treats other temporarily disabled employees. For example, if an employer provides light duty work, alternative assignments, disability leave, or leave to temporarily-disabled employees, it must do the same for pregnant employees.
If an employer requires a doctor’s note from employees prior to granting leave, it may require the same from expectant mothers. An employer may not impose more stringent requirements on new mothers returning to work than other employees returning to work.
Under the Family and Medical Leave Act (FMLA), eligible new parents (including foster and adoptive parents) may take up to 12 weeks of leave to care for a new child. Under the Fair Labor Standards Act (FLSA), with some exceptions, nursing mothers have the right to express milk in the workplace.
Under Title VII of the Civil Rights Act, and the Pregnancy Discrimination Act, and the Americans with Disabilities Act, private sector employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.
If you’ve been subjected to pregnancy discrimination, contact Rich Daugherty. He will fight to protect your rights.
Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich. He will be by your side every step of the way to reach a fair resolution of your case. In addition to litigating cases, Rich has negotiated confidential severance agreements favorable to his clients.
Rich offers a one-on-one relationship with his clients. When you contact his office, you will speak directly with him.
You can arrange for an initial phone conference at no charge.
Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.