PREGNANCY DISCRIMINATION AT WORK

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PREGNANCY DISCRIMINATION AT WORK
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• What is pregnancy discrimination?
• Pregnancy discrimination involves treating a
  woman (an applicant or employee) unfavorably
  because of childbirth, pregnancy, or a medical
  condition related to pregnancy or childbirth.
• If a woman is temporarily unable to perform her
  job due to a medical condition related to
  pregnancy or childbirth, the employer or other
  covered entity must treat her in the same way as
  it treats any other temporarily disabled
  employee.
• It is unlawful to harass a woman because of
  pregnancy, childbirth, or a medical condition
  related to pregnancy or childbirth.

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• Harassment is illegal when it is so frequent or
  severe that it creates a hostile or offensive
  work environment. It is also illegal when
  harassment results in an adverse employment
  decision.
• Whats an example of an adverse employment
  decision?
• Being fired or demoted.
• Do I have to tell potential employers Im
  pregnant?
• That is your personal decision. You can choose to
  tell your employer or keep the information to
  yourself. Either way, they cannot refuse to hire
  you

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• because of your pregnancy-related condition as
  long as you are able to perform the major
  functions of your job.
• What if I am not pregnant but about to become a
  new parent?
• Under the Family and Medical Leave Act (FMLA) of
  1993, a new parent (including foster and adoptive
  parents) may be eligible for 12 weeks of leave
  (unpaid or paid if the employee has earned or
  accrued it) that may be used for care of the new
  child. In most cases, to be eligible, the
  employee must have worked for the employer for 12
  months prior to taking the leave and the employer
  must have a specified number of employees.

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• What are some examples of things my employer
  should provide?
• Every case varies however, your employer has the
  ability to provide light duty, alternative
  assignments, disability leave, or unpaid leave to
  pregnant employees if it does so for other
  temporarily disabled employees.
• What if I am past pregnancy but still nursing?
• Pregnant employees may have additional rights
  under the Family and Medical Leave Act (FMLA)
  that is enforced by the U.S. Department of Labor.
  Nursing mothers may also have the right to
  express milk in the workplace under a

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• provision of the Fair Labor Standards Act
  enforced by the U.S. Department of Labors Wage
  and Hour Division.
• Does it matter who my harasser is?
• No, who the harasser is does not change the
  situation. The harasser can be your supervisor, a
  supervisor in another area, a co-worker, or
  someone who is not an employee of the employer,
  such as a client or customer.

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• I was pregnant, but am no longer pregnant, and
  need time off to recover. Am I covered by the
  law?
• If you are temporarily physically or mentally
  disabled by the loss of your pregnancy through,
  for example, miscarriage or abortion, you would
  be legally covered to the extent that your
  employer covers other temporary physical or
  mental disabilities.
• For example, if other temporarily disabled
  workers at your company are not entitled to leave
  or benefits, then neither are women who are or
  were pregnant. Nothing in Title VII requires an
  employer to provide disability leave or benefits.

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• Can men take pregnancy leaves?
• Under the FMLA fathers may take pregnancy related
  leave pre, or post-birth if they are the
  caregiver for a mother who has a serious
  pregnancy related condition. Fathers can also
  take job-protected parental leave under FMLA
  after a baby is born or adopted.
• Additionally, parental leave must be provided to
  similarly situated men and women on the same
  terms. So, if your employer provides paid
  parental leave to mothers, not related to any
  medical complication, then it must provide the
  same leave to fathers, or be subject to suit for
  sex discrimination.

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• Our Role is to Hold Your Employer Accountable
• The Nelson Law Group fights for individuals who
  are subject to discrimination across Tennessee.
  If you believe you have a claim, call us at
  865-383-1053 and let us help you get all the work
  benefits you deserve!
• We hope you found this description helpful. We
  encourage you to go to the Equal Employment
  Opportunity Commission website, www.eeoc.gov, for
  more general information about the enforcement of
  federal laws related to your employment.

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• Nelson Law Group is an employment law firm
  located in Knoxville Tennessee. We are in
  business to represent employees. We also
  represent people facing family issues such as
  divorce and child custody. We tailor a strategy
  for each case based on what is most important to
  you our client. Whether you are looking for
  discrimination lawyers knoxville tn or labor
  attorney knoxville TN call us today at 865
  383-1053