Title VII of the Civil Rights Act of 1964 – this act provides legal protection to workers against discrimination. It has several sections which cover something as apparently uncontentious as pregnancy discrimination. This means that you cannot be discriminated against at the workplace just because you are pregnant.
In this article, we will look to identify the law's stance on pregnancy in order to ensure that the law protects women who are pregnant.
What the Law Says About Pregnancy
The Pregnancy Discrimination Act (PDA) was added to Title VII of the Civil Rights Act of 1964 in 1978. It was specifically concerned that discrimination against pregnant women, while pregnant and during childbirth, or a related illness is prohibited. This refers to every action that might be considered in the workplace, such as recruitment, dismissal, pay rise, and so on.
Who Is Covered by the Law
Some people are commonly asked, 'Who is covered by the law?' The answer to this question is that the law governs everyone. Even though some citizens are unable to vote and have limited rights, they are still bound by the laws of the land.
Title VII of the Civil Rights Act of 1964, under which the PDA falls, covers certain protected employers with 15 or more employees. Federal and state employers, labor organizations, and employment agencies are also embraced by it. Your workplace must be of this size to ensure you enjoy the protection of the law.
Hiring Should Be Based on Skill
It is unlawful for an employer to fail to offer a pregnant woman a job, and this discriminates against a woman who is pregnant or breastfeeding. There should be no reason for pregnancy to affect you if you are the ideal candidate for the post or position. Employers shall not be in a position to decide whether you are fit to work or not based on your disability but rather your competence to work.
Job Security During Pregnancy
It is unlawful to be fired or denied a promotion due to pregnancy or threaten to become pregnant. If your employer wants to discharge you, demote you, or reduce your working hours and working responsibilities because you are pregnant, then that may be unlawful. You should be able to keep your job as long as you have a legal reason not to be at work, which should not be pregnancy.
Equal Treatment Is Required
Pregnant employees should be treated in the same manner as any other employees who are on medical restrictions. Just like other employees, pregnant employees should be allowed to work lighter duties or take holidays with pay if they experience any complications. You should not be deprived of some rights that are offered to others.
Medical Leave and Time Off
According to Title VII and other federal employment laws, such as the Family and Medical Leave Act (FMLA), a worker may apply for unpaid leave during pregnancy or childbirth. One may not even need FMLA policy to cover your company for provisions like harsh punishment for getting time off due to medical complications from pregnancy under Title VII.
Harassment Due to Pregnancy
It is a crime for anybody at the workplace to harass you for being pregnant. This includes jokes, comments, or actions that tend to create discomfort and hostility in the workplace. It is up to the employers to stop the harassment and treat it seriously.
Returning to Work After Leave
After maternity leave, you are entitled to go back to your previous job or a job with equivalent pay and rank. The absence cannot be used as an excuse for the employer to change your role and downgrade your pay.
Reasonable Accommodations Are Key
Employers are required to provide reasonable accommodations that enable pregnant workers to perform their jobs effectively. These might include additional breaks, seating adjustments, schedule changes, or reduced physical work. In refusing to make changes, one may be accused of discrimination.
Know the Signs of Discrimination
If you are exempted from meetings, are not promoted, and are subject to negative comments once you make known the facts about your pregnancy, this may be an indication of discrimination. Trust your instincts and monitor any changes in your treatment.
How to Respond to Discrimination
Finally, please speak with your supervisor or the HR department. You must voice your concerns clearly and calmly. If no action is taken, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). There is also the option to consult an employment lawyer.
Time Limits to Act
In the majority of cases, you are required to file a complaint with the EEOC within 180 days from the date of the discrimination. In some states, the number is increased to 300 days—no time to waste on preserving your rights.
Final Thoughts
Your job or your future should never be lost because you are pregnant. The Pregnancy Discrimination Act and Title VII have empowered workers to defend themselves. If you deem your rights have been violated, do as you please. You don’t need to do it all by yourself – there is support and legal assistance to support you.