Can a Company Refuse to Hire you if you are Pregnant?
From a legal standpoint, it is illegal to discriminate against hiring a pregnant employee. Unfortunately, that does not mean that a pregnant applicant will not run into some trouble in the hiring process. Because many pregnant employees require leave and additional time off, employers are often hesitant to hire someone that may come with negative implications for the business when compared to other candidates. They may pass on a pregnant candidate without stating that as a reason for doing so. Many pregnant candidates choose to hide their pregnancies (when possible) to be fully considered for positions of interest to avoid the possibility of pregnancy discrimination. Contact the pregnancy discrimination lawyers at Zeff Law Firm to discuss the details of your case.
Do Employers have to Accommodate Pregnancy?
Pregnancy-related conditions are included under the Americans with Disabilities Act (ADA), there are several federal protections that require employers to accommodate pregnant employees. First, the ADA protects employees with disabilities from any hardships or discrimination at their place of work. Next is the Pregnancy Discrimination Act (PDA). This requires that employers make job-related modifications for pregnant employees. It also works to prevent discrimination based on pregnancy, childbirth and childcare, and any other conditions that may arise because of the pregnancy. The PDA also requires that employers treat pregnant employees the same as any other coworkers in their ability to work.
Is Pregnancy Considered a Disability?
By itself, pregnancy is technically not considered a disability under the Americans with Disabilities Act (ADA). However, the language of the ADA does include several conditions related to pregnancy as being covered disabilities for the purpose of the workplace. This can include morning sickness, anemia, leg swelling, depression, and any other conditions that arise from the pregnancy that impair the employee’s ability to function in their job duties.
Can you Sue for Pregnancy Discrimination?
If you think that your employer has been discriminating against you based on your pregnancy, you can file a charge through the office of the federal Equal Employment Opportunity Commission (EEOC). This is a legal requirement for if you want to file a discrimination lawsuit against your employer. However, it is important to remember that you need to file your charge within 180 days of the incident. Some states enforce additional laws that give additional amounts of time for pregnant employees to file a claim. Once this is done, you will receive a ‘right to sue’ letter from the EEOC, assuming they have found sufficient claim in your case. After this, you are qualified to sue but have only 90 days to do so upon receiving your letter. It is important to act fast at this point and find a pregnancy discrimination lawyer to represent you. Contact Zeff Law Firm to speak with our highly experience pregnancy discrimination attorneys today.