What is the Pregnancy Discrimination Act?

Posted on Wednesday March 22, 2023

The Pregnancy Discrimination Act was passed in 1978 as a way to ensure the protection of women so that they would not be discriminated against as a result of pregnancy, abortion, or pregnancy or childbirth-related medical conditions. 

You deserve to work in a safe space that will protect you, your career, and your wages. Here is a brief rundown of the Pregnancy Discrimination Act and what to know. To discuss your situation, speak with an employment lawyer.

Discrimination on the basis of pregnancy, abortion, or medical conditions is illegal in most places. 

This act prevents employers with 15 or more people from partaking in pregnancy discrimination. Employees who are pregnant should receive the same accommodations and benefits as non-pregnant workers who share similar limitations or abilities. 

An additional 23 states and four cities carry added protections for pregnant employees. Employees have this right. However, a number of workplaces still discriminate so you must have knowledge on-hand to combat illegal actions an employer could take.

Employers have to provide reasonable accommodations to pregnant women just as they may for anyone else on leave or experiencing a medical condition. For example, if an employer allows an employee with a medical condition to minimize duties as they recover, the same or similar accommodations should also be made for a pregnant woman. 

She should be allotted breaks, paid leave, or remote work if an employee of similar limitations or abilities is also granted accommodations.

How do you know if you have experienced pregnancy discrimination?

If you answer yes to any of the following questions, you may have experienced pregnancy discrimination.

• Were you fired or not given an offer as a result of being pregnant?
• Were you demoted or denied a promotion or experienced adverse actions such as a change in schedule?
• Did you experience workplace harassment?
• Were you denied accommodations as someone with a similar limitation?

How can you address pregnancy discrimination? 

Discrimination is a horrible thing that can leave you feeling hopeless. However, there are things that you can do if you experience pregnancy discrimination:

• Keep a record. Write down the details of what happened. Include when, specific details of the incident or ongoing issue, and names and titles. Also, include witnesses.

• Reread the company policy.  What does your company say specifically about pregnancy discrimination? Review the ins and outs to gain a better understanding of where you were wronged–you will have a clearer defense if you know exactly where the company went wrong.

• Discuss the situation with human resources. You can do this if you feel safe, and with a supervisor first if you need additional support. If you do feel safe, discuss the details and inquire about how to move forward with filing a complaint. 

File a formal complaint. You should file a complaint with both your employer and the EEOC to cover your bases for support.

Contact the Mara Law Firm Today for a Consultation With a California Pregnancy Discrimination Lawyer

Do you believe you may be the victim of pregnancy discrimination? Mara Law Firm can help you determine if you were, and what you may be entitled to as a result. Contact an experienced employment lawyer today to protect your legal rights. 

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

Contact us now for a free and confidential consultation

message us 619-234-2833