Our Texas pregnancy discrimination attorneys fight to enforce state and federal law that prohibit discrimination on the basis of pregnancy. One main law is the Pregnancy Discrimination Act. Female employees who are pregnant have the right to be treated the same as other employees or job applicants.
An employer cannot refuse to hire a pregnant woman because of her pregnancy. Similarly, an employer cannot discriminate against a pregnant employee regarding termination, transfer, layoff, job assignments, promotion, training, or other terms and conditions of employment.
An employer cannot use the prejudices of co-workers, clients, or customers as a reason to take adverse action against a pregnant employee.
Our Dallas, Austin, and San Antonio employment lawyers also enforce the rights given to employees under the Family Medical Leave Act for pregnancy and maternity/paternity leave. To the extent an employee needs to take leave, the pregnant employee must be treated the same as any other employee seeking leave. If pregnancy renders the employee temporarily disabled, the employer must treat the employee the same as any other temporarily disabled employee.
Pregnant employees must be permitted to work if physically able. An employer may not adopt a rule that keeps an employee from returning to work for a predetermined length of time after childbirth.
The Family Medical Leave Act provides that an employee may have up to 12 weeks of unpaid leave for maternity (or paternity). However, this rule is a floor, and in many cases an employer must provide better benefits. For example, employers must hold a job open for a pregnancy-related absence for the same length of time that jobs are held open for employees on other types of sick or disability leave.
As part of the Obama Administration's Affordable Health Care Act, nursing mothers have additional rights to take short breaks during the work day. Also, an employer must provide an appropriate space (not a restroom) for an employee who is expressing milk.
An employer cannot retaliate against an employee because he or she opposes pregnancy discrimination, complains to the EEOC or other agency about pregnancy discrimination, or assists in a pregnancy discrimination lawsuit, proceeding, or investigation.
If you believe you are a victim of pregnancy discrimination, please contact our Dallas, Austin, or San Antonio employment lawyers. We fight for employee rights every day, let our Texas pregnancy discrimination lawyers fight for you.