
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
We represent employees that have been affected by pregnancy discrimination. Here are some tips on the subject.
Prevention of Pregnancy Discrimination
Pregnancy discrimination, unfortunately, is one of the fastest-growing areas of discrimination law because many employers do not understand the legal requirements that are in place to protect pregnant employees.
The following general guidance is meant to help employers prevent and appropriately deal with, as well as educate employees regarding, issues of pregnancy discrimination in the workplace.
Know Duties and Rights of Pregnant Employees
The Pregnancy Discrimination Act makes it illegal for an employer with 15 or more employees to discriminate against an employee in all areas of employment, including hiring, firing, pay, job assignments, promotions, layoff, training and benefits (e.g., leave and health insurance). It is important for employers and employees to understand these rights.
Example: Rachel applies for a position as a pharmaceutical sales representative. She is also five months pregnant. During her interview, the hiring manager explains that the position will require a lot of walking and asks whether Rachel’s pregnancy will affect her ability to work or return to work.
Due to concerns about this issue, Rachel is not hired as a result of the hiring manager’s belief that her pregnancy will affect her ability to work. Jennifer could bring a case of pregnancy discrimination.
Providing Equal Treatment to Pregnant Employees
If an employee becomes pregnant or is unable to perform her job due to issues during and/or after her pregnancy, the employer must treat the employee the same way it treats temporarily disabled employees. Employers often misunderstand this.
Example: Employees at Smith Co. with two years of seniority can apply for promotions. Mary is excluded from an upcoming promotion process at work. She is told that her three months of maternity leave will not count towards her seniority.
At the same time, Smith Co. continues to give seniority credit to employees who take leave for temporary injuries and medical issues, such as back injuries. Mary could bring a case of unequal treatment and discrimination.
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