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Call: 866-965-2488
Español: 888-697-2578

NachtLaw Employment Law | Education Law | Criminal Defense
Call: 866-965-2488 | Español: 888-697-2578
NachtLaw, P.C.
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Call:
866-965-2488

Español:
888-697-2578

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Know Your Workplace Rights Regarding Pregnancy

State and federal laws protect employees and job applicants from discrimination because of pregnancy. Your employer, or potential employer, has no right to treat you adversely because of your pregnancy unless they truly have a legitimate business reason to do so. Otherwise, you may have suffered from illegal pregnancy discrimination in the workplace. The attorneys at NachtLaw can help you. We provide experienced legal representation to work for you in job discrimination legal action. To schedule a confidential consultation with one of our pregnancy discrimination lawyers, contact our law firm.

Federal And State Protections

In 1978, Congress passed the Pregnancy Discrimination Act (PDA) in an effort to eliminate pregnancy-based discrimination. The federal Pregnancy Discrimination Act and the Michigan’s Elliott-Larsen Civil Rights Act prohibit employers from using pregnancy as a motivating factor in any employment practice. This protects employees from being fired, denied a promotion, demoted, denied a job or otherwise discriminated against on the basis of their pregnancy. This includes a hostile work environment, or retaliation, on the basis of one’s pregnancy or because one made a complaint of pregnancy discrimination. Although the PDA and lawsuits filed under the PDA have helped alleviate some long-standing injustices, pregnancy discrimination is still a reality for many workers.

Pregnant Workers Fairness Act (PWFA): Key Points

The Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the PWFA. This law requires employers to provide reasonable accommodations to pregnant employees with limitations related to their pregnancy, childbirth, or related medical conditions, unless it causes undue hardship to the business.

Who is Covered?

    • Employers with 15+ employees (including unions and employment agencies)
    • Employees, applicants, and former employees covered by Title VII of the Civil Rights Act, the Government Employee Rights Act, or the Congressional Accountability Act (enforcement by other entities)

What are Reasonable Accommodations?

    • Examples include frequent breaks, schedule changes, light duty, accessible facilities, modified equipment, and temporary suspension of essential functions.
    • Employers and employees should engage in an “interactive process” to determine the best accommodation.

What are Employee Limitations?

    • Physical or mental conditions related to pregnancy (doesn’t need to meet the ADA definition of disability)
    • May be temporary and need to be accommodated “in the near future”

Undue Hardship for Employers

    • Significant difficulty or expense for the business operation
    • The final rule considers additional factors for temporary accommodation needs

Enforcement and Remedies

    • Similar to existing procedures for Title VII and the ADA
    • Employees can file charges and seek remedies, including damages

Key Differences from Proposed Rule

    • Definition of “in the near future” for non-pregnancy situations is case-by-case
    • Additional factors for undue hardship related to temporary accommodation
    • Definition of “reasonable documentation” is more specific

Other Important Points

    • The PWFA does not limit existing protections under other laws.
    • Employers cannot retaliate against employees for requesting or using accommodations.
    • Religious employers may have defenses under specific circumstances.

Additional Resources

    • The EEOC has made available a workplace poster pertaining to the PWFA for employers to post.

 

Experienced Employment Law Lawyers

If you believe you have suffered from pregnancy discrimination, a pregnancy hostile work environment or retaliation because of a complaint of pregnancy discrimination, the lawyers at our firm are dedicated to helping clients pursue justice and enforce their civil rights. The attorneys at NachtLaw are experienced at bringing claims before the Equal Employment Opportunity Commission (EEOC) and the Michigan Department of Civil Rights, and filing a lawsuit in state or federal court as necessary to enforce your civil rights.

We Are Here To Help Protect Your Rights

To set up a consultation to discuss your pregnancy discrimination claim, call NachtLaw today at 866-965-2488 or send us an email. Our firm represents clients throughout Michigan and Ohio from offices in Ann Arbor, Birmingham, Traverse City and Toledo.