An employer cannot refuse to hire a woman because of pregnancy related condition as long as she is able to perform the major functions or her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.
An employer may not single out pregnancy related conditions for special procedures to determine an employee’s ability to work. However, an employer may be use any procedure used to screen other employees’ ability to work. For example, if an employer requires it employees to submit a doctor’s statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy related conditions to submit such statements.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.
Pregnancy related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy related conditions if benefits are provided for other medical conditions.
If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions.
Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increased and temporary disability benefits.
If you believe that you have been the victim of pregnancy discrimination, contact pregnancy discrimination lawyer Paul Sharman, anytime, at (678) 242-5297 for a free, no obligation consultation to determine if you have a potential lawsuit or use our convenient email form.