Preventing Discrimination Against Pregnant Employees
There are many ways both employers and pregnant employees can foster a supportive work environment together. Here’s how to prevent pregnancy discrimination in the workplace.
To prevent pregnancy discrimination in the workplace, employers should be up to date on pregnant employees’ rights, as well as actively maintain reasonable company policies related to pregnant employees. On the other hand, it is recommended that pregnant employees review their legal protections and work with the company regarding accommodations.
How Employers Can Prevent Pregnancy Discrimination in the Workplace
Understanding the Rights of Pregnant Employees
The best way to avoid pregnancy discrimination in the workplace is to ensure company management is up to date on pregnant employees’ rights. By understanding federal and state laws surrounding pregnancy discrimination, employers can deal with matters involving pregnant employees in an appropriate manner.
Some federal laws employers should be aware of include the Pregnancy Discrimination Act (PDA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and Fair Labors Standards Act (FLSA). These federal laws touch on different aspects of pregnant employees’ rights including reasonable accommodations and job-protected leaves. Ensuring that employers fully understand such laws is essential in preventing future violations.
Related: Pregnant Employee Rights in California
Providing Fair and Equal Treatment to Pregnant Employees
Under the PDA, employers are required to ensure equal treatment in providing accommodations for their workers. If a pregnant employee is unable to perform her job due to pregnancy-related conditions, the employer must treat the pregnant employee in the same manner as any other temporarily disabled employee. Under the ADA, a pregnant employee may receive an accommodation for a pregnancy-related impairment. Common accommodations include providing a stool or chair for comfort, modifying work duties, or allowing more frequent breaks, etc.
To avoid pregnancy discrimination, employers must provide fair and equal treatment to pregnant employees, considering the treatment of other temporarily disabled employees and the pregnant employee’s pregnancy-related conditions. It is recommended that employers engage in open dialogue regarding reasonable accommodations for pregnant employees. Communication is an important factor in proving a good-faith effort has been made in providing accommodations.
Related: Examples of Pregnancy Discrimination in the Workplace
Creating or Updating Company Policies Related to Pregnant Employees
By maintaining updated company policies on pregnancy-related employment rights, a company can actively enforce anti-discrimination guidelines. Such policies should go over protections related to pregnancy, childbirth, and pregnancy-related medical conditions. It is also recommended that employers conduct regular training to ensure that all employees and managers are knowledgeable of pregnancy-related employment rights. Moreover, training on how to identify and respond to incidences of pregnancy discrimination is needed.
Employers should also set up a complaint system for pregnant employees to report any discrimination incidences without fear of workplace retaliation. Furthermore, employers should review all pregnancy discrimination complaints with a comprehensive investigation.
How Pregnant Employees Can Better Navigate the Workplace
Understanding Legal Rights & Protections
It is important that pregnant employees understand their rights as they navigate the workplace. Aside from federal and state laws, pregnant employees should go over employee handbooks and other related materials to gain insight into company policies.
Considering Pregnancy-Related Accommodations
When asking for accommodations, it is recommended that pregnant employees provide specific recommendations along with a doctor’s note. Rather than merely listing the pregnant employee’s condition/s, the doctor’s note should list out what accommodations may best help the pregnant employee. This way an employer can have a better understanding of what reasonable accommodations may look like for the pregnant employee.
FAQs Preventing Pregnancy Discrimination in the Workplace
What is considered pregnancy discrimination in the workplace?
Pregnancy discrimination in the workplace involves an adverse job action taken against an employee based on their pregnancy. Some examples include termination, demotion, denial of employment, denial of accommodations, restriction of pregnancy leave, and retaliation.
Are only employees who are currently pregnant protected under federal law?
Under the PDA, federal law prohibits workplace discrimination against a woman who was or is pregnant, intends to be pregnant, has a medical condition related to pregnancy, or has had or is currently considering an abortion.
Contact Us
If you or a loved one is seeking to prevent pregnancy discrimination in the workplace, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Pregnancy Discrimination Attorneys today!