Pregnancy Discrimination Lawyers

of Akin & Smith practice employment discrimination law on behalf of employees in New York City. They represent women in cases of pregnancy discrimination in the workplace.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sexual discrimination under Title VII. Women affected by pregnancy and related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations or their employer could be held liable for a case of pregnancy or maternity discrimination.

Hiring

An employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Pregnancy and Maternity Leave

An employer may not single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may implement any procedure as long as it applies to all employees. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee. Some examples of accommodations for pregnant workers might be providing her with modified tasks, alternative assignments, disability leave or leave without pay.

Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy related condition and recovers, her employer may not require her to remain on leave until the baby's birth. Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave.

Benefits

If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy related conditions. Employees with pregnancy related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.