Pregnancy discrimination is less of a problem in today's workplace as it has been in the past, thanks in part to the Pregnancy Discrimination Act. As any pregnant woman who has looked for a job can tell you, pregnancy discrimination did not simply disappear because it was made illegal.
That it why it is very important for you to know the rights and protections guaranteed to you by the Pregnancy Discrimination act. Being informed is your best defense.
Employment The pregnancy discrimination act is an amendment to Title VII of the Civil Rights Act of 1964. Basically, it protects you from being treated any differently by an employer than any other non-pregnant woman.
First of all, an employer cannot refuse to hire you based on your pregnancy, as long as you are able to perform the major functions of the job to which you are applying.
Once you are hired, or if you already have a job when you become pregnant, you are protected from pregnancy discrimination in many ways. Your employer must allow you to work as long as you are able to perform your job. Your employer is not allowed to require you to take mandatory maternity leave, or to prevent you from coming back to work as soon as you'd like, after the baby's birth.
If you are temporarily unable to perform your job due to pregnancy, your employer must treat you the same as any other temporarily disabled employee by providing modified tasks, alternative assignments, disability leave, or leave without pay.
Health Insurance Any health insurance provided by your employer must cover expenses for pregnancy related conditions on the same basis as costs for other medical conditions. Health insurance for expenses from an abortion is not required, except in cases where your life is endangered.
Your pregnancy related expenses should be reimbursed exactly as those incurred for other medical conditions. The amount paid by the insurance provider can only be limited to the same extent as costs for other conditions. No increased or additional deductible can be imposed because of your pregnancy.
Benefits Benefits related to pregnancy cannot be limited to married employees. If your employer provides any benefits to workers on leave, they must provide the same benefits for those on leave for pregnancy related reasons. While you are pregnant, you must be treated the same as other employees for accrual of seniority, vacation calculation, pay increases, and temporary disability benefits.
Pregnancy discrimination will not go away anytime soon. Hopefully though, armed with this information, you can defend yourself from pregnancy discrimination and feel comfortable in your workplace throughout your pregnancy.
The Pregnancy Discrimination Act
Numerous pregnant women are found in the workplace nowadays. Though they are pregnant, their condition did not stop them form working or earning money. However, there are instances when these women are discriminated in their workplace due to their physical condition. The term used when these situations occur is pregnancy discrimination.
What is Pregnancy Discrimination?
Pregnancy discrimination is defined as a type of discrimination based on a woman's pregnancy, childbirth, or any related medical condition that constitutes an unlawful sex discrimination prohibited and under Title VII of the Civil Rights Act of 1964.
Title VII covers employers who have 15 or more employees which include local and state governments. It is also applicable to labor organizations, employment agencies, as well as the federal government.
In addition, employers are obliged to treat pregnant women the same way as other employees or applicants who have the same limitations or abilities.
The scope of the protection for pregnant women which provided by Title VII include:
?Maternity and Pregnancy Leave
An employer is prohibited single out or use the condition of a pregnant women in for special procedures to be used in the aim of determining the ability of an employee to work.
If an employer is not able to due her job for temporarily because of her pregnancy, the employer should give that employee the treatment given to other employees who are temporarily disabled. These women should be allowed to work as long as they can and are able to do their jobs.
In a case wherein a pregnant has been absent because of a condition related to her pregnancy and recovers, her employer may not oblige her to stay on leave until the baby is born.
?Hiring
An employer is prohibited by law to refuse or deny employment to a pregnant woman due to her pregnancy, as well as any of her condition related to the pregnancy, or because of the chauvinism of co-employees, clients, or customers.
?Health insurance
Any kind of insurance that is provided by an employer should also cover or include conditions that are related to a woman's pregnancy wherein the same basis regarding the cost of other medical conditions will be used.
?Fringe Benefits
Benefits which are related to a woman's pregnancy should not only be given to married employees. In a job classification or workforce which is dominated by female, benefits must be given for conditions which are related to pregnancy if benefits are given for other different other medical conditions.
Pregnancy Discrimination Lawyers will Help in Voicing out you Rights
There are thousands of cases reported wherein a pregnant woman suffers discrimination due to her condition. There are 5,587 cases of pregnancy discrimination that was received by Equal Employment Opportunity Commission (EEOC) in the Fiscal Year of 2007 alone.
Aside from the 5,587 pregnant women who had the courage to fight for their rights, other women who experiences or are discriminated should not be afraid to fight for themselves, their rights, and dignity.
If you or someone you know is suffering from pregnancy discrimination, there are pregnancy discrimination lawyers who are willing to help you. These lawyers are aware of your condition and the things you are going through. In addition, they will be the ones who will help you voice out your rights.
Both Susan Tanner & Jan Camille Canivel are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Susan Tanner has sinced written about articles on various topics from Insurance Scams, Car Accidents and Insurance Quotes. Susan Tanner is a wife and mother of three. She is also the editor of pregnancy-guide.net. Pregnancy-Guide is an online community for mothers to find support and valuable information. Please visit Pregnancy-Guide at. Susan Tanner's top article generates over 12100 views. to your Favourites.
Jan Camille Canivel has sinced written about articles on various topics from Car Accidents, Anger Control and Social Security Information. To help you file claims on such as pregnancy discrimination, consult with our skilled. Jan Camille Canivel's top article generates over 33100 views. to your Favourites.
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