Any form of pregnancy discrimination in the workplace is unacceptable. Here’s what you need to know about the legalities of employer pregnancy testing.
Approximately 47% of workers in the nation are women, the majority of these women will become pregnant at least once during their working years (U.S. Department of Labor). Understanding one’s rights as an employee and a pregnant woman is the first step toward protecting them.
Is Mandatory Pregnancy Testing Legal?
Mandatory pregnancy testing is illegal. Title VII prohibits discrimination based on pregnancy, childbirth, or a related medical condition. Pregnancy-related medical conditions include the following:
- Fertility treatments
- Medical complications
- Delivery
- Postpartum conditions
- Lactation
An employer may not discriminate against a woman with a medical condition relating to pregnancy or childbirth and must treat her the same as others who are similar in their ability or inability to work but are not affected by a pregnancy, childbirth, or related medical conditions.
Related to: What is Pregnancy Discrimination in California?
Pregnant Worker’s Rights
Pregnant women have experienced harassment and discrimination in the workplace for decades but in recent years, there has been a push to put more laws in place to protect these women both federally and on a state level. The Pregnancy Discrimination Act of 1978 is a federal law that is part of the U.S. Civil Rights Act. It prohibits employers from discriminating against an employee on the fact that she is any of the following:
- Currently pregnant
- Previously pregnant
- Could become pregnant
- Intend to become pregnant
- Has a medical condition that is related to pregnancy
- Had an abortion
- Considering having an abortion
Understanding Pregnancy Discrimination
The act also prevents workplace discrimination based on pregnancy, childbirth, or related medical conditions. However, this law only applies to employers with more than 15 employees. The Pregnancy Discrimination Act (PDA) generally protects job applicants and employees from, on the basis of pregnancy and related conditions, adverse action that includes the following:
Related to: How to Prove Pregnancy Discrimination in California
- Refuse to hire a candidate based on her pregnancy or future ability to conceive children
- Demote a pregnant employee
- Fire an employee because of pregnancy
- Deny an employee a promotion or raise because of pregnancy
- Refuse to allow an employee to take time off for pregnancy-related medical issues or childbirth
- Harass based on sex
- Fail to leave the pregnant employee’s position open for a certain amount of time
- Refused to provide breaks to pump breast milk
- Retaliate against a pregnant employee
- Dock pay due to these accommodations
In conjunction with federal laws, pregnant workers in California are protected by the Fair Employment and Housing Act. This law prevents an employer from discriminating against or harassing any employee due to his or her sex and includes discrimination against pregnancy, childbirth, and breastfeeding situations.
Related to: Examples of Pregnancy Discrimination in the Workplace
Accommodations for Pregnant Workers
California’s Pregnancy Disability Leave Law covers any medical condition that an employee suffers during her pregnancy which includes morning sickness and postpartum depression. This protection begins from the first day of employment. If suffering from one of these conditions, then an employer must provide employees with accommodations and leave. Accommodations can be made available to pregnant employees by the employer to ensure the employees’ safety on the job. Accommodation range but may include the following:
- Altered break and work schedules
- Permission to sit or stand
- Ergonomic office furniture
- Shift changes
- Elimination of marginal job functions
- Work from home privileges
Reporting Pregnancy Discrimination
If pregnant employees’ rights are violated, then they should file a complaint with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Those seeking immediate assistance can call their helpline at 1-833-NEED-ABB or visit eeoc.gov to file a complaint. The agencies have a work-sharing agreement, and therefore will work with one another to process a claim.
Contact Us
If you or a loved one would like to learn more about Employer Pregnancy Testing: Legal or Illegal, get your free consultation with one of our Employment Attorneys today!