Suppose you’re pregnant, planning to become pregnant, or have been pregnant in the past, and you work for an employer with 15 or more employees. In that case, federal law safeguards your rights against pregnancy-related discrimination and harassment in the workplace. You may also be entitled to workplace accommodations that help you perform your duties without compromising your health. These rights are outlined under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), and may also include additional protections from the Family and Medical Leave Act (FMLA) and state or local laws.
Can I Be Fired Due to Pregnancy or Pregnancy-Related Medical Conditions?
The PDA prohibits employers from discriminating against you based on your pregnancy, a history of pregnancy, potential pregnancy, pregnancy-related medical conditions, or abortion decisions. This means you cannot be fired, denied promotions, or forced to take leave due to these reasons. However, employers are not required to retain employees who are unable to perform their jobs safely or effectively.
What Should I Do If I Face Harassment Related to My Pregnancy?
Harassment due to pregnancy or related medical conditions is illegal under the PDA and ADA. If you’re facing such harassment, report it to your employer. They are legally obligated to take immediate steps to stop the harassment.
What If I Need Workplace Adjustments Due to Pregnancy?
You may be eligible for reasonable accommodations to help you perform your job safely. These may include altered schedules, ergonomic changes, or the option to work from home. Under the PDA, if your employer offers accommodations to employees with disabilities unrelated to pregnancy, you may also qualify for similar support.
For certain pregnancy-related medical conditions, such as gestational diabetes or preeclampsia, you may qualify for accommodations under the ADA. These conditions must substantially limit one or more major life activities.
What if I cannot Perform My Regular Job?
Suppose you are unable to work due to pregnancy. In that case, you may still be eligible for light duty or altered job duties under the PDA, depending on how your employer treats employees with similar limitations. Employers cannot reduce your pay simply because you need accommodations to perform your job.
What If I Can’t Work at All Due to Pregnancy?
In such cases, you may be entitled to unpaid leave as an accommodation. You may also qualify for leave under the FMLA, which provides unpaid leave for pregnancy and childbirth recovery.
What Should I Do If I Need an Accommodation Due to Pregnancy?
Notify your supervisor or HR manager about your need for an accommodation. Your employer cannot fire, demote, or refuse promotions to you for requesting accommodations. They also cannot charge you for accommodations that are provided under the law.
What Should I Do If I Believe My Rights Have Been Violated?
If you feel your rights have been violated, contact the Equal Employment Opportunity Commission (EEOC). You must file a charge within 180 days of the alleged violation to take legal action. The EEOC can guide you through the process and investigate if necessary.
