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PREGNANCY DISCRIMINATION

PREGNANCY DISCRIMINATION

The Pregnancy Discrimination Act is part of Title VII and prohibits discrimination against a woman because of pregnancy, childbirth, or a related medical condition. See 42 U.S.C. § 2000e(k). Congress passed the Pregnancy Discrimination Act (“PDA”) as an amendment to Title VII in 1978. The Act provides that “women affected by pregnancy, childbirth or related medical conditions shall be treated the same . . . as other persons not so affected but similar in their ability or inability to work. The PDA prohibits adverse actions based on an employee’s pregnancy, including actions based on the employer’s stereotyped notions about pregnancy or pregnant employees. An employer may not treat pregnancy differently from other temporary disabilities when establishing a maternity leave plan.  For example,  a maternity leave policy granting a maximum of three months leave was facially discriminatory because illness-related leaves were indefinite in length. Courts will find a claim for pregnancy discrimination if stated in connection with particular procedures performed only on women for purposes of childbearing, such as where an employee terminated following a second request for leave to undergo in vitro fertilization. While employers many not discriminate against employees based on pregnancy, employers have no duty to extend any benefit to pregnant women that they do not already provide to other disabled employees. Rather, Title VII and the Pregnancy Discrimination Act protects the right of pregnant employees to be treated the same as non-pregnant employees.

If you believe that you have been discriminated against or wrongfully terminated because of your pregnancy, don’t let just any law firm handle your case, contact the specialists at Westberry & Connors, LLC. Our attorneys are Board Certified by the State of Florida in Labor and Employment Law.

 

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