For women who want to start or expand their family, remaining in the workforce can be fraught with challenges. Before the passage of the Civil Rights Act of 1964, they had no protections under the law from being fired or disciplined by their employer. Although the law has since been updated multiple times to prevent pregnant women from facing discrimination in the workplace, it still happens. As a woman who prioritizes both work and family, it’s up to you to know what protections you have and how to exercise your rights.
If you are an employed pregnant woman or you are applying for a job while pregnant, the team of top labor and employment lawyers at Malamut Law would like to share some information with you about your rights and protections.
The Pregnant Workers Fairness Act (PWFA)
The most recent law regarding pregnant women in the workplace is known as the Pregnant Workers Fairness Act, which was signed into law by President Joe Biden in December 2022 and began to be implemented in June 2023. As of June 18, 2024, all provisions of this law are fully in effect.
The PWFA is a federal law requiring employers to provide reasonable accommodations for pregnant workers – including applicants and current employees- except in cases where it will cause the employer undue hardship. This means employers must accommodate any limitations related to pregnancy, childbirth, or medical conditions related to pregnancy. The law applies to all public and private employers with 15 or more employees.
Some examples of reasonable accommodations might include:
- Flexible break schedule
- Providing equipment like chairs or stools at the employee’s workstation
- Altering dress codes to accommodate a pregnant employee
- Changing the employee’s work schedule (shorter hours, later start time, etc.)
- Working from home
- Temporary assignment to a different job
- Leave for healthcare appointments
- Switching to light duty for manual labor jobs
- Leave to recover from childbirth or from medical conditions related to pregnancy or childbirth
These are some guidelines provided by the U.S. Equal Employment Opportunity Commission. An employer could potentially make many other accommodations. The PWFA states that any accommodations must be determined through a collaborative process and agreed upon by both parties.
The Pregnancy Discrimination Act (PDA)
In 1978, Title VII of the Civil Rights Act was amended to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. This means that pregnant employees and applicants cannot be treated unfavorably in any aspect of employment. For example, if an employee was up for a promotion and was later denied that promotion after announcing they were pregnant, it would constitute discrimination. Or, if a pregnant woman applied for a job and were denied based on being pregnant, that employer would be in violation of the law. As long as a pregnant woman is capable of performing their job duties, the law states that they should be allowed to do so.
For women who take pregnancy leave, their employer must keep their job open for the same period of time as it would for employees who go on disability or sick leave. If a woman is fired during their maternity leave, their employer may violate the PDA.
Protecting Pregnant Workers: Labor and Employment Attorneys in New Jersey
At Malamut Law, we are dedicated to protecting the rights of pregnant workers under all applicable laws. If you believe that you have been denied a job, a promotion, a different position within your company, or you were fired because you were pregnant, you could be entitled to compensation. Those who applied for jobs and were denied because of their pregnancy status could also potentially have a successful lawsuit.
In addition, if your employer failed to make reasonable accommodations for your pregnancy, childbirth, or medical conditions related to your pregnancy, you may have a case. The laws regarding pregnant workers are complex, so the best thing to do is speak to an attorney if you believe you have faced any type of discrimination related to your pregnancy.
Get in touch with Malamut Law today if you need workplace discrimination lawyers in Burlington County, NJ, or anywhere else in the Garden State. As a pregnant worker, you have rights, and the attorneys at Malamut Law will fight hard to protect them.
