The Right to Work Light Duty When Pregnant
Pregnancy is an exciting time for many families. As they watch what they eat and plan a baby room in their house, women continue to work as well. That said, pregnancy discrimination does exist. It is important to understand the rights of pregnant working women while growing your family.
If you suspect you have been a victim of pregnancy discrimination in Ohio, discuss the details of your situation with an Columbus pregnancy discrimination lawyer.
Ohio and National Pregnancy Laws
All pregnant working women in the United States are covered by the Pregnancy Discrimination Act of 1978 which is connected to the Title VII of the Civil Rights Act of 1964. The PDA of 1978 prohibits sex discrimination on the basis of pregnancy. If the discrimination does occur, it is gender discrimination and is illegal.
There is also the Ohio Fair Employment Practice Law in the State of Ohio, which also protects pregnant women. The fair employment practice law makes it illegal for a boss or manager to demote, fire, or transfer a pregnant woman because of her pregnancy or because of a health issue connected to her condition.
Eligibility for Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act is a labor law requiring employers of a certain size to provide their employees with leave for family and medical reasons, including pregnancy.
FMLA is in place for employers with 50 or more employees within a 75 mile radius. When eligible for FMLA, up to 12 weeks of leave can be granted. In order to take FMLA, the employee has to have logged at least 1,250 hours at work within the 12 months preceding leave and also have been an employee for 12 months. If the size of the employer requires FMLA and the employee has all of the requirements, an employee cannot be denied leave. Also, it is illegal for a workplace to retaliate when they return.
Accommodations During Pregnancy
Sometimes, there are situations when a person’s pregnancy, or any complications connected to the pregnancy, result in a period of time that the pregnant woman may need some accommodations to be able to perform her job functions. An employer needs to make reasonable accommodations for the person to work through the pregnancy, particularly if an employer has made adjustments to the duties of non-pregnant employees, including reducing hours or lightening physical tasks for other circumstances.
Because of this, it is the best path to be transparent about your pregnancy with your employer. If a conversation has not been had, the employer or company may claim they were unaware of the pregnancy so their actions were not illegal. It is also advisable to document conversations in writing by following up or memorializing meetings.
Unfortunately, pregnancy discrimination does happen. If you have been a victim of pregnancy discrimination, talk to an Ohio pregnancy discrimination lawyer as soon as possible. The experienced and knowledgeable lawyers at Coffman Legal LLC are strong and committed advocates for all Ohio workers. Contact an attorney today to further discuss your employment claim. They can guide you through the process of securing compensation for emotional distress. Call 614-949-1181 for a free and confidential consultation.