Wisconsin Attorneys Defending Workers from Pregnancy Discrimination
Preparing to welcome a new member of the family is an exciting time, but many employees wonder about their rights in the workplace. From medical issues, to concerns about discrimination, the employment lawyers at Hawks Quindel are well-versed in the state and federal laws that provide protection to pregnant employees.
Pregnant Employees’ Rights in the Workplace
The Pregnancy Discrimination Act provides certain protections to employees affected by pregnancy or conditions related to pregnancy in the workplace. First, an employer cannot refuse to hire a pregnant individual as long as they are able to perform the major functions of the job, or terminate an employee due to pregnancy. Nor can an employer discriminate based on pregnancy in any other aspect of employment, such as pay, job assignments, promotions, layoffs, training, or any other term or condition of employment.
The Pregnancy Discrimination Act (PDA) prohibits employers from treating a pregnant worker less favorably than a non-pregnant worker with similar impairments. This may come up in many different contexts. For example, if an employer has a policy that would allow temporarily disabled employees to take leave, that employer must also allow an employee who is temporarily disabled due to pregnancy to use that leave policy.
Pregnant employees must also be treated the same as other employees with respect to benefits. If certain medical conditions are covered by an employer’s health insurance, pregnancy-related expenses must be covered in the same manner. If the employer provides benefits to other workers when out on medical leave, such as accrual of seniority or vacation time, an employee with a pregnancy-related disability must be treated the same way.
Leave and Accommodations for Pregnant Employees
A common question for a pregnant employee is whether their employer is required to accommodate their pregnancy by providing different work assignments, or other changes to their work during their pregnancy. Another law, the Americans with Disabilities Act (“ADA”), may provide protection for pregnant workers in this situation.
The ADA requires that employers provide reasonable accommodations to employees with disabilities, provided that those accommodations do not present an undue hardship to the employer. An employee experiencing certain complications resulting from pregnancy may be entitled to protections under the ADA. This could include triggering an employer’s responsibility to provide reasonable accommodations.
Our Employment Discrimination Attorneys Can Help Ensure Your Rights Are Protected
If you believe you have experienced discrimination as a result of your pregnancy or pregnancy-related conditions, you have a variety of legal recourses to fight for your rights. Contact us if you would like to discuss your workplace situation.
Please call a Madison employment discrimination attorney directly at (608) 257-0040 or a Milwaukee employment discrimination attorney at (414) 271-8650, or email us via our Contact Page.