What You Need to Know about Pregancy Discrimination in Georgia

Understanding your rights as a pregnant person in Georgia can be complicated. Here’s what to know about pregnancy discrimination in Georgia

Although it is illegal under both federal and state law to discriminate against a pregnant individual in Georgia, many pregnant people across the state experience unlawful discrimination. By filing a claim with the Equal Employment Opportunity Comission, victims of pregnancy discrimination can recieve justice.

What is Pregnancy Discrimination?

Pregnancy Discrimination is the injust or prejudicial treatment of pregnancy individuals on the basis of pregnancy, childbirth, or related conditions.

Examples of pregnancy discrimination include:

  • Refusing to hire a pregnant person
  • Firing or demoting a pregnant person
  • Treating a pregnant person differently than other temporarily disabled employees
  • Failing to give the same or a similar job back to a pregnant person

Related: Examples of Pregnancy Discrimination in the Workplace

Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act prohibits sex discrimination on the basis of pregnancy for employers with 15 or more employees. As an amendment to the Civil Rights Act of 1964, the act covers discrimination on the basis of pregnancy, childbirth, or related medical conditions and is enforced by the Equal Employment Opportunity Commission (EEOC).

Family and Medical Leave Act of 1933 (FMLA)

The Family and Medical Leave Act of 1933 grants an employee working for a company of 50 or more employees for at least a year the right to 12 weeks unpaid, job-protected leave to recover from pregnancy or care for a newborn. According to this act, employees are entitled to take this 12 week paid leave annually while retaining your health benefits. It also guaranteed that at the end of the leave, you are entitled to the same or an equivalent job as the one you previously held.

Filing Discrimination Lawsuits

In Georgia, individuals can file workplace pregnancy discrimination claims with the federal administration agency (the Equal Employment Opportunity Commission (EEOC)). Employees have 180 days from the date of the supposed discrimination to file a charge and federal employees have 45 days to contact an EEO counselor.

Related: How to Prevent Pregnancy Discrimination in the Workplace

FAQs about Pregnancy Discrimination in Georgia

Does a Pregnant Individual Have to Tell a Potential Employer They are Pregnant?

Since it is illegal for an individual’s pregnancy status to influence an employer’s decision to hire them, a pregnant person does not need to tell a potential employer they are pregnant.

Can an Employer Deny an Employee Pregnancy Leave?

Unless a pregnant person is entitled leave under the FMLA, their employer does not need to grant them pregnancy leave unless the company grants other temporary disabled employees medical leave.

Is an Employer Required to Pay Their Employee on Pregnancy Leave?

An employer is only required to pay their employee on pregnancy leave if that employee qualifies for paid pregnancy leave under the FMLA or the company offers paid medical leave to temporarily disabled employees.

What are the Remedies Available in Pregnancy Discrimination Lawsuits?

Victims of pregnancy related sex discrimination may be entitled to:

  • Compensatory Damages
  • Punitive Damages
  • Back Pay
  • Front Pay
  • Hiring
  • Promotion
  • Reinstatement
  • Court-related costs (attorney’s fees, etc…)

Contact Us

If you or a loved one would like to learn more about Pregnancy Discrimination Georgia, get your free consultation with one of our Family Law Attorneys in Georgia today!