Being pregnant while working can add several stressors to your life, but you do not want one of those to be job security. Our nation and states have many laws in place to protect pregnant and postpartum employees, ensuring that they are safe in their roles and providing the appropriate accommodations to get their work done as normal.
So, let’s discuss what legal protections there are for pregnant employees in the workforce.
Your Rights Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides employees with up to 12 weeks of unpaid leave for events such as the birth of a child, adoption, foster care, or the care of a pregnant spouse. If a pregnant employee is unable to work because of their pregnancy, the FMLA can protect them and provide the required days off to give birth, recover, travel, conduct counseling, or take care of themselves and the child. The FMLA provides job-protected leave, allowing pregnant employees to take the time they need for themselves and their families.
Your Rights Under Title VII of the Civil Rights Act
Pregnant employees are protected from discrimination revolving around their pregnancy by Title VII of the Civil Rights Act. This act, amended as the Pregnancy Discrimination Act, prohibits sex and pregnancy discrimination. This includes topics such as current pregnancy, past pregnancies, potential pregnancies, having/choosing an abortion, birth control, and medical conditions revolving around pregnancies. Under this act, pregnant employees can not be discriminated against in hiring, job assignments, promotions, employee benefits, firing, or other demotion options.
Your Rights Under the Pregnant Workers Fairness Act
The most recent protection order passed for pregnant employees is the Pregnant Workers Fairness Act. This act requires employers to provide reasonable accommodations to employees with known limitations around pregnancy, childbirth, or medical-related conditions. This includes employees who are postpartum and pumping. Employees might need to offer flexible scheduling, a change to food and drink policies, telework, a change in uniform, possible leave for medical appointments, or a change in work environments. This act ensures that pregnant employees are able to work at their best with appropriate accommodations being made.
You Are Protected as a Pregnant Employee
These three main acts are not the only ones protecting you as a pregnant employee. You might also be protected under the Americans with Disabilities Act and the Fair Labor Standards Act, depending on your needs. Additionally, there are state laws in place that can support you as well.
Under the Americans With Disabilities Act, you are protected from all discrimination based on disabilities related to pregnancy. This ensures that any pregnancy-related conditions that are considered to be disabilities are not holding you back and that you are granted reasonable accommodations. Then, the Fair Labor Standards Act enacted the PUMP Act, ensuring that nursing mothers are entitled to reasonable break times and private pumping areas up to one year after birth.
All of these regulations are in place to ensure that pregnant employees are protected in the workplace during and after the birth of their child. If you have further questions or feel as if your rights have been violated as a pregnant employee, contact the team at Baldwin & Vernon.
