Facing Pregnancy Discrimination At Work? Here’s What You May Be Wondering
Unfortunately, pregnancy discrimination occurs far more frequently than people would expect. Companies throughout Ohio and the United States are guilty of minimizing a pregnant woman’s job or cutting her hours. But sometimes, discrimination is not so cut and dried. If you suspect your job is discriminating against you because of a pregnancy, here are a few questions you may have asked yourself:
Can I Be Fired For Getting Pregnant? What Protection Do Pregnant Women Have?
Pregnancy Discrimination Attorney: Under both the Pregnancy Discrimination Act as well as Ohio law, women absolutely cannot be fired for being pregnant. Pregnant women also cannot be demoted, have their hours cut, have responsibility removed, or discriminated against in any way based on their pregnancy. The fact that a woman is pregnant cannot be a factor used by an employer to make any employment-related decisions that are adverse to the expecting mother.
Does The Law Allow Employers To Require Pregnant Women Or New Mothers To Take A Leave Of Absence? Can I Be Forced To Take Time Off When I Got Pregnant?
Pregnancy Discrimination Attorney: No. Employers are not allowed to force pregnant women out on unpaid leave. However, employers can request that the pregnant employee provide a doctor’s written permission clearing the employee to perform her job.
Do I Have To Tell My Boss That I’m Pregnant? Can I Keep My Pregnancy A Secret Or Private At Work?
Pregnancy Discrimination Attorney: There is no legal requirement that you notify your job of a pregnancy or when you get pregnant. However, a pregnancy will obviously eventually start to show at some point. If an employer notices or suspects you are pregnant and fires you, you will have a difficult time proving that your boss or HR had actual notice of your pregnancy. Therefore, it is likely a better decision, although not a legal requirement, to notify your employer in writing that you are pregnant. This does not have to be done through any formal letter or writing. Instead, it is sufficient simply to send an email or text message to your boss saying, “Hey, I just want to share some wonderful news! I’m pregnant.” It is then very important that you keep the email, text message or other written correspondence, which may become critical evidence of pregnancy discrimination if you are fired or otherwise adversely treated shortly after providing such notice. You may also want to check your employee handbook or consult with HR about the company’s policies regarding sick leave, short-term disability leave, or FMLA leave. These policies may have notification requirements that you should follow if you intend to take that type of leave.
Do New Parents Have To Take Maternity/Paternity Leave Right After The Child Is Born? When Can I Take Maternity Leave And For How Long?
Pregnancy Discrimination Attorney: The FMLA does not restrict when within the 12 months following the birth of the child that the leave must be taken. To that end, should the parents of the newborn so choose, one parent could take 12 weeks FMLA leave immediately following the baby’s birth, while the other parent waits 12 weeks or more to take his or her 12-week FMLA leave. If you are not eligible or your employer is not covered under the FMLA, the employer is only obligated to provide the same type of leave that it provides to other non-pregnant temporarily disabled employees.
As A New Father, Can I Take Time Off After The Baby Is Born? Does The FMLA Or Any Other Laws Protect New Fathers?
Pregnancy Discrimination Attorney: If the employer is subject to the Family Medical Leave Act and you are eligible under the FLMA, both mothers and fathers are each entitled to up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for and bond with a newborn, a newly adopted child, or a newly placed foster child. However, if both new parents work for the same employer, the mother and father are entitled to 12 weeks total leave to be jointly divided any way they choose between the two of them. Moreover, an employer cannot create a gender-based policy that provides that only women get time off after the birth of a child, because such policies would be express gender discrimination against men under Title VII and Ohio law.
Can An Employee Spread Out Maternity/Paternity Leave?
Pregnancy Discrimination Attorney: FMLA Attorney: No. While they may choose to allow employees to do so, employers are not required under the FMLA to allow intermittent or reduced schedule leave for the care of a healthy newborn. But, if there is a serious health condition of the mother or child, FMLA does require employers to allow intermittent or reduced-schedule leaves.
As A New Mother That Is Lactating, Do I Have Legal Rights At To Pump Milk At Work?
Pregnancy Discrimination Attorney: The federal Patient Protection and Affordable Care Act, passed in March 2010, which amended the Fair Labor Standards Act (“FLSA”), requires any employer of 50 or more to provide an unpaid break as well as a private area to express or pump the milk. The space can be temporary, but it cannot be a bathroom. While there is no private right of action (ability to sue) for the failure to provide the accommodation (although it can be reported to the Department of Labor (“DOL”)), an employer can be sued for retaliating against an employee for requesting accommodations to pump breast milk or for complaining about the accommodations offered or provided by the employer. Thus, it is still wrongful termination if you were fired today when you asked for a place to pump milk.
Can My Boss Switch My Job Or Responsibilities Because I’m Pregnant? Can A Supervisor Tell Me That I Cannot Do Certain Parts Of My Job When I’m Pregnant?
Pregnancy Discrimination Attorney: No. Your employer cannot unilaterally decide what is best for you or change your position or duties based on perceived risks. If you are able to capable of performing the primary aspects of your job, you cannot be forced to change jobs or responsibilities based on your pregnancy. But, on the other hand, if you ask your employer for an accommodation or modification of your job responsibilities, that request must be handled in the same fashion as similar accommodation or modification requests made by non-pregnant temporarily-disabled employees.
Can I Be Fired For Reporting Pregnancy Discrimination? What Should I Do If I Was Fired Today Right After I Told HR That My Manager Is Harassing Me Because I’m Pregnant?
Pregnancy Discrimination Attorney: Your boss cannot legally fire you from your job nor take any other adverse action against you for reporting pregnancy discrimination or harassment at work. You have an absolute right to complain and report pregnancy discrimination to your employer through a hotline, HR, or to a higher level boss in management. Pursuant to Title VII, as well as Ohio’s employment laws, it is illegal for your company or boss to retaliate in any way for reporting pregnancy discrimination. Examples of retaliation include wrongful termination, an undeserved demotion, or severely cutting work hours. Again, our employment discrimination lawyers recommend that the best course of action is to provide such pregnancy discrimination complaints in writing in a manner that confirms that it was received, such as by email or fax.
How Do I Prove A Claim Of Pregnancy Discrimination? What Type Of Evidence Do I Need To Win A Pregnancy Discrimination Lawsuit?
Pregnancy Discrimination Attorney: Clearly, if your boss walks up and tells you, “I’m firing you because you are pregnant and I don’t need that kind of liability;” or “I don’t want to hear you’re bitching about a place to pump breast milk anymore. So, you are fired”; then you have direct evidence of pregnancy discrimination. But, if there is no direct admission or pregnancy-related statements, you and your pregnancy discrimination attorney can make a case through circumstantial evidence by submitting evidence to show that: (1) you are pregnant; (2) you job took an adverse employment action against you, which would include being fired, demoted, not promoted, not hired, and so on; (3) you had the necessary qualifications for the job; and (4) you were replaced by or treated differently than someone who was not pregnant, and preferably a man. At that time, the employer has the opportunity to tell the court or jury reason that is not based on your pregnancy or pregnancy-related condition. You, as the employee, then get a turn to show that the stated explanation by the company is not true.
I Was Fired When My Boss Learned That I Was Pregnant; Can I Sue For Pregnancy Discrimination Or Wrongful Termination?
Pregnancy Discrimination Attorney: Our lawyers have filled this employment website with as much law as we possibly could. However, an interactive evaluation of your individual rights and claims for pregnancy discrimination and wrongful termination cannot be performed online without direct conversations with one of our top lawyers, who will need to talk to you about your particular situation and what happen on your job. At The Spitz Law Firm, LLC, we provide a free initial consultation for potential claims in Ohio. Do not speculate about your possible employment rights and claims when you can best get an answer by calling us today or filling out the submission form on our employment law website.
DISCLAIMER: These answers do not constitute legal advice or guidance.