Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act, or PDA, was enacted as federal law in 1978 to protect employed mothers from unfair employment practices. Business owners in the United States are prohibited from discriminating against a woman for being pregnant, being temporarily disabled due to gestation, or lactating. Under this Act, employers must treat employed pregnant women in the same manner as they would another worker with similar qualifications.
If you have been treated unfairly because of your pregnancy, childbirth, or related conditions, you should consider retaining a skilled pregnancy discrimination attorney from the Spiggle Law Firm who would be familiar with the intricacies of the Pregnancy Discrimination Act. You could have grounds to pursue compensation from your employer, so call today to start discussing the details of your case.
Failure to Hire Based on Pregnancy
Under the Pregnancy Discrimination Act, businesses may not refuse to hire a qualified woman merely because she is carrying a child. For example, a company that would have offered a job to a woman had they not been wary of imminent maternity leave could be in violation of the PDA.
The PDA also prevents employers from choosing to lay off a pregnant woman during periods of downsizing based on the fact that they are with child. They are likewise prohibited from refusing raises, desired assignments, or promotions based on a woman’s pregnancy.
Maternity Leave and Bedrest Requirements
An employer may not force maternity leave upon a pregnant worker, and she may remain on the job as long as she is physically able to perform her assigned tasks. However, an exception applies to situations where an employer would require medical clearance for other temporarily disabled personnel.
If a pregnant woman is placed on bedrest but is later cleared to go back to work by an obstetrician, her employer cannot refuse to allow her to return. The PDA also makes it unlawful for a company which allows other workers to take medical leave to permanently replace a temporarily disabled pregnant woman.
Health Insurance and Temporary Disability
If a woman’s ability to perform her work duties becomes impaired because of a pregnancy-related problem, the Pregnancy Discrimination Act requires her employer to make reasonable accommodations for her. An exception applies when doing so would create an undue hardship for the company, such as a significant expense or great business losses.
An employer who provides health insurance is mandated by the PDA to honor pregnancy-related expenses in the same manner that they would cover other medical conditions. Moreover, business owners must provide the same benefits to the spouses of male employees as they do to the spouses of female workers.
Contact an Attorney to Learn More About the Pregnancy Discrimination Act
Pregnant women and those who recently gave birth are afforded certain protections under the Pregnancy Discrimination Act. If an employer refused to hire you after they discovered you were pregnant, you might have a cause of action under the Pregnancy Discrimination Act.
Furthermore, if you were denied a promotion or laid off because of your pregnancy, you should consult an experienced attorney for help with a PDA claim. For more information about your options or to seek out an initial evaluation of your case, click here to take advantage of our online review tool.