Laws That Protect Pregnant Employees
Several laws protect pregnant employees from discrimination in the workplace.
The Pregnancy Discrimination Act (PDA) is part of Title VII of the Civil Rights Act. It prohibits discrimination based on pregnancy, childbirth, or related conditions. Employers generally must treat pregnant women the same as other employees who are similar in their ability or inability to work.
The Pregnant Workers Fairness Act may require covered employers to provide reasonable accommodations for known pregnancy-related limitations. An employer generally should not force an employee to take leave if another reasonable accommodation would allow the employee to keep working.
The Americans with Disabilities Act (ADA) may also apply when pregnancy-related medical conditions qualify as disabilities. Pregnancy itself is not automatically a disability under the Disabilities Act. ADA protections may still apply to conditions such as gestational diabetes or certain serious pregnancy complications.
The Equal Employment Opportunity Commission enforces these federal workplace protections. Texas and New Mexico laws may provide additional rights.
Reasonable Accommodations During Pregnancy
A reasonable accommodation is a change that helps an employee continue working safely. The appropriate accommodation depends on the employee’s health, job duties, and workplace.
Possible accommodations include:
Additional restroom, food, water, or rest breaks
A chair or stool for a job that requires standing
Temporary help with lifting or physical work
Modified hours or a later starting time
Time away for medical appointments
Temporary light duty
Changes to uniforms or safety equipment
Remote work when appropriate
Leave to recover from childbirth
You do not always need to use a specific legal phrase when asking for an accommodation. Explain that you have a limitation related to pregnancy and describe the adjustment you need.
If your employer refused to discuss a reasonable request, forced you onto leave, or punished you for asking, speak with a discrimination lawyer about your situation.
Can You Be Fired While Pregnant?
An employer may make a legitimate employment decision involving a pregnant employee. It cannot, however, fire someone because she is pregnant or requested a protected accommodation.
Possible signs of wrongful termination include:
Your employer’s attitude changed after learning about your pregnancy.
You received sudden discipline despite positive performance records.
Other employees with similar restrictions were treated more favorably.
A supervisor made comments about leave, childcare, or your commitment to work.
You were fired shortly after requesting an accommodation.
The employer gave inconsistent explanations for the decision.
The timing, documents, comments, and treatment of other workers can all matter in an employment discrimination case.
What Should You Do If You Suspect Discrimination?
Pregnancy discrimination claims are subject to strict deadlines. Taking a few careful steps can help protect your rights.
Write down what happened, including dates, names, comments, and witnesses.
Save lawful copies of emails, schedules, performance reviews, policies, accommodation requests, and disciplinary records.
Put important accommodation requests or complaints in writing.
Review your employer’s discrimination, accommodation, and leave policies.
Avoid resigning or signing a severance agreement before understanding how it may affect your rights.
Contact an employment attorney promptly. Depending on the claim, you may need to file a complaint with the Equal Employment Opportunity Commission or another agency before filing a lawsuit.
How Baeza Law Firm Can Help
Pregnancy discrimination attorneys help employees understand whether workplace conduct may violate the law. They can also identify evidence, preserve filing deadlines, and respond to an employer’s explanation.
Baeza Law Firm may help by:
Reviewing your employment history and records
Evaluating discrimination, accommodation, retaliation, or wrongful termination claims
Explaining your options in plain language
Assisting with an administrative complaint
Communicating or negotiating with an employer
Pursuing legal action when appropriate
If you are searching for a pregnancy discrimination attorney, El Paso employees can turn to Baeza Law Firm for focused guidance and personal attention.