An experienced pregnancy discrimination lawyer can review the details of your case with you to determine if you qualify to file a Pregnancy Discrimination claim with the EEOC and further pursue legal action. Many people and managers are unaware that Pregnancy Discrimination is unlawful and the pregnancy discrimination attorney Andrew Traub represents claimants in most cities in Texas, including the cities of Austin, Dallas, Fort Worth, Houston, San Antonio, and El Paso.
The definition of gender or sex discrimination includes discrimination on the basis of pregnancy, childbirth, or a related medical condition under the Pregnancy Discrimination Act of 1978, which is an amendment to Title VII of the Civil Rights Act of 1964. Not only may an employer not refuse to hire a pregnant employee because of her condition, but they also may not treat a current employee any different, pass over for promotion and advancement or withhold work assignments because of her pregnancy. A pregnant employee should be evaluated differently than another employee with a similar position because of her condition; an employer does have the right to ask for a doctor’s statement if there are any responsibilities she should not perform. A pregnant employee must be allowed to work as long as she is able to perform her job duties. In the event an employee is unable to perform her job due to pregnancy related conditions, then she should be treated as any other temporarily disabled employee. As with other types of discrimination, it is also unlawful to retaliate against an employee who has filed a pregnancy discrimination charge or otherwise opposes any employment practices that discriminate because of pregnancy.
The Family and Medical Leave Act of 1993 is another act that in part is designed to give protections to pregnant employees among others. It requires employers to grant twelve weeks of unpaid leave to an eligible employee for the birth or adoption of a child, or to care for oneself or a child, spouse, or parent suffering from a serious health condition. The FMLA also requires that the employer restore the employee to the same or an equivalent job upon his or her return to work. To be eligible for FMLA leave, an employee must have been employed for at least twelve months and must have worked at least 1,250 hours during the twelve months prior to the leave. Employees at work locations with less than fifty employees are not eligible for leave unless the employer has fifty or more employees employed within seventy-five miles of the work site. An employee may take twelve weeks of FMLA leave once every twelve months; employers may adopt a policy defining the applicable twelve-month period.
The number of claims filed for pregnancy discrimination was down slightly in 2005 (approximately 4700) from 2004, but has a significant overall increase since 1992. If you feel you have been discriminated against due to pregnancy, you should contact a pregnancy discrimination attorney to go over the details of your situation and help you determine what course of action to pursue.