Pregnancy

The Law Office of Robert Wiley represents victims of pregnancy discrimination. If you believe you are a victim of pregnancy discrimination, please contact us.

State and federal law prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. Women 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, because of her pregnancy. Similarly, an employer cannot discriminate against a pregnant employee regarding firing, 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.

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 an employee 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 open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

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 us.