Over the past three decades, pregnancy discrimination lawyer Dan A. Atkerson in Allen, TX, has fought on behalf of workers in Plano, Frisco, Richardson, McKinney, and the greater Dallas area. Federal and state laws prohibit employers from treating pregnant workers less favorably. However, without the help of an attorney, it can be difficult to prove when this conduct occurs. If you believe you are experiencing pregnancy discrimination in the workplace, contact us at (214) 383-3606 to schedule your free consultation.
Examples of Pregnancy Discrimination
Every woman has the right to equal opportunities in the workplace, including pregnant women, women who have just given birth, women dealing with disabling medical conditions related to pregnancy, and women an employer believes may become pregnant.
The Pregnancy Discrimination Act protects pregnant women who file complaints against their employers for violating the Pregnancy Discrimination Act and against wrongful termination because of pregnancy discrimination.
Certain employment decisions based on a woman being pregnant may be pregnancy discrimination. This includes an employer discriminating against a pregnant employee when making hiring, firing, promotion, pay, job duty, transfer, suspension or other decisions that change the terms and conditions of an employment contract.
The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act. It says that an employer cannot refuse to hire a woman because she is pregnant.
Our pregnancy discrimination attorney advises that you do not have to tell a potential employer or your current boss that you are pregnant, as long as you are still able to perform your job. It is also illegal for a potential employer in Dallas or nationwide to ask during an interview whether you are pregnant or have plans to become pregnant.
Pregnancy Rights and Dallas Work Laws
The Pregnancy Discrimination Act protects the rights of pregnant employees to receive the same treatment as other workers. This pregnancy law also protects pregnant women who file complaints against their employers for violating the Pregnancy Discrimination Act and against wrongful termination because of pregnancy discrimination.
The Right to Reasonable Accommodation
Receiving the same treatment as other employees under the Pregnancy Discrimination Act also means that pregnant women may be entitled to reasonable accommodations. An example of a reasonable accommodation for pregnancy would be the assignment of light duty tasks or other job responsibilities. These would be similar to what temporarily disabled employees with similar job limitations would receive. For women experiencing disabling pregnancy medical conditions, this could mean gaining the time off work needed to receive medical treatment. Pregnant women also have the right to request private areas and work breaks to nurse under the Affordable Care Act.
Types of Leave for Pregnancy
The PDA allows pregnant women the same amount of leave a worker with a disability would receive. Other pregnancy laws, such as the Family Medical Leave Act (FMLA), may allow expecting mothers and fathers to take up to 12 unpaid weeks for medical reasons. This does include maternity leave and paternity leave. FMLA leave is also available to individuals who choose to adopt a child.
Under the FMLA, employers cannot retaliate against a worker who properly takes family medical leave. All Dallas employers must also hold the job positions of employees on paternity leave or maternity leave. This is the same as the company holding the position open for a worker who takes disability or sick leave.