Employers cannot discriminate against workers who are pregnant. Unfortunately, some employers see pregnant employees as a burden – employees who will take time off work and then be more focused on their children than their job. If you were subjected to discrimination at your job, you should consult the Dallas pregnancy discrimination lawyers at Rob Wiley, P.C.
Prohibitions Against Pregnancy DiscriminationFederal and Texas laws prohibit pregnancy discrimination. Pregnancy discrimination can include any negative action taken against a job applicant or employee based on her pregnancy. Additionally, employers should allow pregnant employees to take time off and should provide reasonable accommodations under some circumstances.
The federal Pregnancy Discrimination Act amends Title VII of the Civil Rights Act of 1964. It applies to employers with at least 15 employees and prohibits discrimination against employees based on pregnancy, childbirth, and medical conditions related to them. For example, if your employer is covered by the Pregnancy Discrimination Act, it should not terminate you for getting pregnant. A prospective employer should not make a hiring decision because you are eight months pregnant. When making decisions, the employer should not use stereotypes of pregnant women or new mothers, or assumptions about what you are capable of doing while pregnant.
Employers must treat employees who are pregnant the same as they would treat any other employee who is temporarily disabled or restricted in work abilities. A pregnant employee who has work limitations must receive the same reasonable accommodations that other employees with work restrictions receive. If, for example, your employer provides an accommodation to a coworker with a broken bone, allowing him lighter duties, it would need to do the same thing for you if you are pregnant. Our pregnancy discrimination attorneys can help Dallas employees advocate for a reasonable accommodation.
Texas LawUnder Texas law, sex discrimination is unlawful, and sex discrimination includes discrimination based on pregnancy, childbirth, and medical conditions related to them. As with federal law, employers should provide a reasonable accommodation for a pregnancy to the extent that they would for other employees who are temporarily disabled. However, the Texas law also only applies to employers that have a minimum of 15 employees.
The Americans with Disabilities ActSometimes a condition related to pregnancy or childbirth counts as a disability under the federal Americans with Disabilities Act (ADA). Under this law, reasonable accommodations must be provided to employees with pregnancy- or childbirth-related disabilities. For example a high risk pregnancy, or a pregnancy with a medical complication, may qualify as a disability under the ADA. Reasonable accommodations could include leave, work restrictions, or working from home.
Pregnancy Leave Under the FMLAOur Dallas pregnancy discrimination attorneys can help you assert your right to take unpaid time off from work under the federal Family and Medical Leave Act (FMLA) if you have a medical condition related to pregnancy or childbirth. The FMLA will apply if your employer has at least 50 employees. It provides 12 weeks of unpaid time off to take care of medical needs, including going to prenatal appointments or required bed rest. The FMLA also requires the continuation of health insurance benefits and reinstatement to an earlier position once the FMLA leave is over.
Consult a Skillful Pregnancy Discrimination Lawyer in the Dallas AreaWhen you are expecting a baby, you know that you have a lot of costs coming up, and you do not want to lose your job or suffer another monetary loss. It is stressful to be a victim of pregnancy discrimination.
If you believe your employer has violated a pregnancy discrimination law, such as the Pregnancy Discrimination Act, the Americans with Disabilities Act, or the Texas Commission on Human Rights Act, contact us right away. Call us at (214) 528-6500 or complete our online form to find out more about your options.