Pregnancy discrimination is unlawful pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA). Similarly, discrimination against pregnant women also violates Ohio R.C. § 4112.02(A), which makes it an unlawful discriminatory practice: “For any employer, because of the … sex … of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.” Even more specifically, R.C. § 4112.01(B) provides that: “For the purposes of divisions (A) to (F) of section 4112.02 of the Revised Code, the terms “because of sex” and “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, any illness arising out of and occurring during the course of a pregnancy, childbirth, or related medical conditions.
Most of the time pregnancy discrimination revolves around the term of pregnancy and childbirth, but employers should never forget the parts about any illness arising out of pregnancy or medical conditions related to pregnancy.
Let’s take for example the pregnancy discrimination case against Platinum P.T.S., Inc., which provides oil/gas testing, measuring, surveying and analysis surveys, and oil and gas exploration and development. The lawsuit asserted that Platinum P.T.S fired a clerk after she requested time off for medical treatment to address a miscarriage. Clearly, a miscarriage is medical condition that arises out of or is related to pregnancy.
Because the claim was brought by the Equal Employment Opportunity Commission, it could not address possible Family Medical Leave Act (“FMLA”), which demonstrates some of the problems pursuing claims thought the EEOC.
Nonetheless, recognizing the problems that lay ahead, Platinum P.T.S. agreed to settle the case for $100,000.
If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Employers cannot harass, fire, wrongfully terminate, discriminate against, demote, or wrongfully discipline a female employee just because she got pregnant. When you call the right attorney to schedule a free and confidential initial consultation at 866-797-6040, you will meet with an attorney from Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims. Our pregnancy discrimination lawyers know your rights and will fight to protect them.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to pregnancy discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm or any individual attorney.