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Pregnancy Discrimination

We Hold Employers Accountable for Pregnancy Discrimination

From 2010-2015 over 31,000 charges of pregnancy discrimination were filed with the U.S. Equal Employment Opportunity Commission (EEOC) and state-level fair employment practice agencies. Some common examples of pregnancy discrimination in the workplace include:

  • Refusing to hire you because you’re pregnant or plan to become pregnant
  • Failing to provide you access to a safe, secure, and private place to pump breast milk
  • Failing to provide reasonable accommodations such as “light duty”
  • Terminating your job because you are pregnant

If you believe an employer has made unfavorable decisions concerning your employment because of your pregnancy status, or else failed to provide you with a reasonable accommodation to care for a pregnancy-related medical condition, we welcome you to contact our firm to discuss whether you may have been subject to unlawful pregnancy discrimination.

Protections Against Pregnancy Discrimination in the Workplace

Employers often fail to recognize the numerous ways their conduct (including inaction) may constitute unlawful pregnancy discrimination under federal, state, or local law. Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act), the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance, and the New Jersey Law Against Discrimination offer protections against pregnancy discrimination in the workplace.

Right to Protected Leave

Under the Family Medical Leave Act certain pregnant employees may qualify for up to twelve (12) weeks of maternity leave. The New Jersey Family Leave Act may also offer up to twenty four (24) weeks of protected leave under certain circumstances.

Disability Protections

Under the Pregnancy Discrimination Act, employers are required to provide reasonable pregnancy-related accommodations. Employers must treat these requests in the same fashion as it would treat an accommodation request by any non-pregnant individual. For example, an employer:

  • Cannot without good cause deny a pregnant employee’s request to take extra bathroom breaks during the day while allowing a non-pregnant employee to do so; or
  • Cannot without good cause accommodate a light-duty work restriction (such as no lifting or excessive standing) for an employee injured on the job while refusing to accommodate the same restriction for a pregnant employee.

Additionally, certain serious health impairments resulting from pregnancy (such as gestational diabetes or preeclampsia) may qualify as disabilities under the Americans with Disabilities Act, providing the employee with the additional protections available under that statute.

Pregnancy Cannot Be a Factor in Hiring

Under the Pennsylvania Human Relations Act (PHR), pregnancy can not be a factor in the hiring process. Any employment practice or policy that excludes pregnant applicants is a violation of the PHR.

Employers Cannot Deny Break Time for Nursing Mothers

The Affordable Care Act protects the rights of nursing mothers returning to work. Employers must:

  • Allow new mothers to take breaks to express breast milk.
  • Provide a private location for a woman to express breastmilk, which is available every time the woman needs to use it. The location cannot be a restroom.

Additional Accommodations Under Philadelphia Law

The Philadelphia Fair Practices Ordinance (PFPO) requires employers to provide “reasonable accommodations in the workplace related to pregnancy, childbirth, or a related medical condition.” Accommodations specifically identified in the PFPO include:

  • Restroom breaks
  • Periodic rest periods for employees whose jobs involve prolonged periods of standing
  • Assistance with manual labor
  • Disability leave after childbirth
  • Reassignment to an open position
  • Job restructuring

Perhaps most importantly, the PFPO doesn’t require a doctor’s note, the law states that a woman must simply request an accommodation due to pregnancy.

What to Do if You Have a Pregnancy Discrimination Claim

Let’s say you have a pregnancy discrimination claim in Philadelphia. What should you do to protect your legal rights? At this stage, some of the most important steps you can take include:

  • Prioritize Your (and Your Baby’s) Health – First and foremost, you should prioritize your (and your baby’s) health. This is what matters most, and you do not want to make decisions now that you will regret in the future.  
  • Take Detailed Notes – You will want to take detailed notes about your pregnancy discrimination claim. What happened? When did it happen? Who was involved? All of these are key details your lawyer will need to know.
  • Learn More About Your Legal Rights – While understanding your legal rights is complicated, it is also important. We have published several articles on pregnancy discrimination that you can read to learn more.
  • Talk to an Employment Lawyer – To assert your legal rights effectively, you will need an experienced employment lawyer on your side. At Murphy Law Group, we provide free consultations to employees who have experienced discrimination on the job.
  • Make Sure You Don’t Run Out of Time – Even if your legal rights are clear, you only have a limited amount of time to assert them. With this in mind, if you think you may have a pregnancy discrimination claim, you should schedule a free consultation as soon as possible.

What Not to Do if You Have a Pregnancy Discrimination Claim

In addition to taking these steps (among others) to protect your legal rights, there are some potentially costly mistakes you should be careful to avoid as well. For example, if you think you may have a pregnancy discrimination claim in Philadelphia, you should not:

  • Rely on Your Employer’s Interpretation of the Law – You should not rely on your employer for legal advice. Your employer might not understand all of the laws that protect you, and it might not have your best interests in mind.
  • Overlook Any of the Protections that Are Available to You – Several Pennsylvania and federal laws protect pregnant workers’ rights. It is critical not to overlook any of the protections that are available to you.
  • Underestimate the Value of Your Pregnancy Discrimination Claim – Likewise, you should be careful not to underestimate the value of your pregnancy discrimination claim. If you have a pregnancy discrimination claim, you may be entitled to substantial damages in addition to accommodations (or other remedies) at work.
  • Make Assumptions About the Potential Outcomes of Your Situation – Far too often, employees decide not to take action because they assume there is nothing they can do to obtain a fair outcome. This is not the case—you can achieve a fair outcome with an experienced lawyer on your side.
  • Try to Handle Your Situation on Your Own – Given the importance of asserting your legal rights effectively, you should not try to handle your situation on your own. Instead, you should hire an experienced lawyer who can help you every step of the way. 

We Represent Employees Who Are Victims of Pregnancy Discrimination

At Murphy Law Group, we are dedicated to helping new and expectant mothers fight against discrimination in the workplace. If you feel that you’ve been subjected to unlawful treatment because of pregnancy or a pregnancy-related condition, contact us to discuss your situation.

Murphy Law Group represents residents of Philadelphia and its surrounding suburbs, including residents of Bucks, Montgomery, Delaware, Chester, Berks, Lancaster, Northampton, Lehigh, Lackawanna, and Luzerne Counties, residents located in central and western Pennsylvania, as well as individuals residing in New Jersey, who have potential claims for pregnancy discrimination. Murphy Law Group is dedicated to protecting the rights of Pennsylvania and New Jersey workers.