The Pregnancy Discrimination Act, or PDA, of 1978 is a federal law that prohibits “sex discrimination on the basis of pregnancy.” There are also state laws that protect pregnant women from discriminatory practices by employers. Employment laws like the PDA might not prevent unscrupulous employers from discriminating against you for being pregnant; however, they do provide you with some legal recourse.
The experience of pregnancy discrimination can be personally devastating. Loss of income and self-esteem is common. You will need a strong legal advocate to help you win justice. Our law firm provides clients facing pregnancy discrimination in New York with powerful resources that can help you to recover from this potential career setback.
Pregnancy Discrimination, Legal Cases
Cases involving pregnancy discrimination can be complex. Pregnant women might still be able to perform all of the required work tasks while pregnant, but the employer’s lawyers may fight hard against this position. In addition, women who become pregnant have no legal obligation to tell the employer about the pregnancy. The only exception to this involves pregnant women with jobs that actually will be affected. The employer has a legal responsibility to handle this situation in a way that avoids discriminating against the pregnant employee.
Where Does Pregnancy Discrimination Happen?
Pregnant women may face discrimination in all kinds of employment environments. This is just as likely to happen in traditionally female occupations like retail and office jobs. It also happens in traditionally male occupations like construction and manufacturing. This experience is consistent across class divisions as well, but white-collar workers in high positions tend to face additional types of discrimination, which are both subtle and intense. These realities make it necessary to define pregnancy discrimination in clear terms so that the affected women understand when an employer has crossed the line.
The PDA act was an amendment that was added to the list of protections provided by the Civil Rights Act of 1964. This legislation defines pregnancy discrimination as a practice that affects everything from the initial hiring to the other aspects of employment including promotions, training, benefits and other workplace issues. However, this law only affects women working for an employer with 15 employees or more. New York law also provides additional protections for workers in smaller companies.
Statute of Limitations, Pregnancy Discrimination
The statute of limitations is a legal concept that puts a limit on the amount of time that can pass before the plaintiff can no longer bring a case against the employer. The PDA has a short statute of limitations, and many women experience this as a legal hurdle. If you believe that your employer has discriminated against you for being pregnant, talk with a qualified attorney even if the birth has already happened.
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Legal assistance is invaluable when dealing with pregnancy discrimination issues. Our legal team can help you to understand your rights under the law, and we fight hard on your behalf. We understand that experiencing pregnancy discrimination can have consequences on your entire career. Fighting back will require you to have an effective legal team on your side.
Women affected by pregnancy discrimination may suffer from a variety of unfair practices that undermine their ability to advance in the workplace. This can include being passed over for promotions, but it can also result in being wrongfully terminated. The loss of income is just part of the damage. There is a certain amount of psychological pain and suffering involved in losing opportunities simply based on being pregnant. Our team is here to fight aggressively to protect your legal rights. Take action as soon as possible, and contact us for a free consultation.