Dayton Pregnancy Discrimination Attorney
Women are enjoying more rights in the workplace than ever before, but there is such a large gap between the sexes that it still feels like women are sometimes treated as second class citizens. Sex discrimination affects millions of women in virtually every job field, and it does not stop there; pregnant employees are frequently fired, demoted, or stripped of their healthcare or other fringe benefits by employers. This still happens every day, despite such actions being barred under the Pregnancy Discrimination Act of 1978. If your employer has discriminated against you because of your pregnancy, they deserve to be held fully accountable for their unlawful actions, and the Dayton pregnancy discrimination attorneys at Coffman Law are here to do just that
Negative Employment Decisions
Under the Equal Employment Opportunity Commission, employers with 15 or more employees are not allowed to make any of the following employment decisions based on an employee or applicant’s pregnancy status:
- Deciding not to hire;
- Job termination;
- Decreasing pay;
- Revoking benefits;
- Refusal to train the employee; and
- Reassigning to a lesser position.
Reasonable Accommodations Must Be Made
75 percent of women hold down full-time jobs, according to the Department of Labor. For many women, having a full time job is only possible because of the Pregnancy Discrimination Act of 1978 and other state and federal laws that prohibit employers from terminating women when they become pregnant or need time off before and after they give birth. It is unlawful for an employer to take any negative employment action against a pregnant employer when her pregnancy, or complication from her pregnancy, negatively impacts her ability to perform her job. In this situation, the employer is obligated to treat the pregnant employee like any other temporarily disabled employee, and make reasonable accommodations throughout her pregnancy and after. A reasonable accommodation may be as simple as allowing more frequent restroom breaks or providing a chair for an employee whose position usually requires them to stand. Or, a larger, but still reasonable, accommodation may be moving the pregnant employee to another position that does not require manual labor (for example), while keeping her on the same pay and benefits.
Family and Medical Leave (FMLA)
Employers with 50 or more employees within a 75-mile radius must also abide by the regulations under the Family and Medical Leave (FMLA). Pregnant employees, as well male or female employees whose partner just gave birth to a child, are entitled to up to 12 weeks of unpaid, job and healthcare protected leave per year. This means that an employer can not fire, reduce pay, or strip healthcare benefits from an employee for taking this time off from work to care for a newborn child.
Call a Dayton Pregnancy Discrimination Attorney
Pregnancy is hard. Your employer has no right to make it any harder on you. If you are the target of pregnancy discrimination, you have the right to sue your employer for damages. Our Dayton pregnancy discriminated attorneys at the Coffman Legal, LLC are here to help. Call us today at 614-949-1181 to schedule a free consultation.