Pregnancy should be a joyful time, but for many women navigating the corporate world, it often feels like walking a tightrope. This leads many to question: Can a job fire you for being pregnant? For those in Nevada, consulting an employment lawyer in Las Vegas can help you understand your legal protections
While federal and state laws prohibit discrimination based on pregnancy, gender, and medical condition, it’s crucial to understand your rights fully, especially given the unique challenges that pregnant employees often face in the workplace.
Understanding the Federal Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) is a vital part of the Civil Rights Act of 1964, explicitly prohibiting discrimination against pregnant employees. Under the PDA, employers with 15 or more employees cannot treat pregnant workers differently from non-pregnant employees in hiring, job assignments, promotions, or other work conditions.
The PDA establishes that an employer cannot fire a woman due to her pregnancy, but it does not automatically entitle pregnant workers to reasonable accommodations. This is where additional legislation, such as the Pregnant Workers Fairness Act (PWFA) and various state laws, step in to bolster these protections.
The Pregnant Workers Fairness Act: Extending Protections
The Pregnant Workers Fairness Act was introduced to ensure that pregnant women receive the same rights as other employees who have limitations in the workplace. Signed into federal law in 2023, it provides more comprehensive protections than the PDA, particularly around reasonable accommodations for pregnancy-related conditions like morning sickness or the need to express breast milk.
The PWFA requires employers to make accommodations unless they can prove doing so would cause undue hardship. For instance, if a doctor’s note recommends lighter duties, the employer must provide these unless they can prove it isn’t feasible.
Protections Offered by the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is another essential protection for pregnant employees. The FMLA entitles eligible employees to 12 weeks of unpaid, job-protected leave for serious health conditions, which includes pregnancy and childbirth. Unlike the Pregnancy Discrimination Act, the FMLA applies to both public and private employers with 50 or more employees and protects employees who have worked there for at least a year.
Notably, FMLA allows pregnant workers to take intermittent leave if needed for pregnancy-related conditions, covering morning sickness, maternity leave, and pregnancy disability leave. The FMLA mandates that employers reinstate the employee to the same or equivalent role upon return.
State-Specific Protections: A Focus on Nevada
While federal laws provide a strong foundation, state laws can offer additional protection. In Nevada, the Fair Employment Practices Act aligns closely with federal protections, but with further specificity, requiring employers to provide accommodations for pregnant workers and ensure pregnancy disability leave.
California offers even broader protections through the California Pregnancy Disability Leave Law, which allows up to four months of leave for pregnancy-related disabilities.
Notable Cases: Pregnant Workers Who Took a Stand
The fight for equal rights for pregnant employees has been fought in courtrooms across the country. In Young v. United Parcel Service (2015), Peggy Young argued that her employer’s refusal to accommodate her medically necessary light-duty request constituted pregnancy discrimination. The U.S. Supreme Court ruled in her favor, setting a precedent that employers must show a legitimate reason if they treat pregnant employees differently than other employees with similar work limitations.
Similarly, in Gail Brown v. Whitehall Health Systems (2019), Brown, a healthcare worker, was awarded $500,000 after being terminated because her employer refused to allow pregnancy disability leave following complications. This case underscores the legal obligations of employers and the importance of reasonable accommodations for pregnant employees.
Steps to Take if You’re Facing Pregnancy Discrimination
If you believe your employer is violating your rights, here are key steps to protect yourself:
Document Everything: Keep records of discriminatory behavior, including emails, meeting notes, and other communications. Documentation can be pivotal in a discrimination claim.
Get a Doctor’s Note: If accommodations are needed, ask your doctor to outline these in writing. A doctor’s note is often essential for asserting your rights.
File a Complaint with the EEOC: The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the Pregnancy Discrimination Act. Filing a complaint with the EEOC can launch an investigation and ensure your employer is held accountable.
Consult an Attorney: Navigating a pregnancy discrimination case alone can be overwhelming. Consulting an employment lawyer in Las Vegas, such as those at Bourassa Law Group, ensures you have expert legal support.
Reasonable Accommodations: What Are Your Rights?
Under the Pregnant Workers Fairness Act, employers are required to provide reasonable accommodations to pregnant workers. Some examples include:
Allowing flexible hours for morning sickness
Allowing rest breaks during the day
Providing a private space to express breast milk
Modify job assignments if the employee cannot safely perform physically demanding tasks
Employers can refuse these accommodations only if they can demonstrate undue hardship.
Can an Employer Fire You for Taking Pregnancy Disability Leave?
It is illegal for an employer to terminate a worker for taking pregnancy disability leave or FMLA leave for pregnancy-related conditions.
If your employer fired you for taking pregnancy disability leave, you may have grounds for a discrimination claim. Each year, authorities hold numerous employers accountable for unlawful terminations related to pregnancy or maternity leave. These cases often result in settlements and fines.
Final Thoughts
Pregnancy should never be a reason for professional setbacks or discrimination. Women facing pregnancy discrimination not only fight for their own rights but also pave the way for fair treatment for future generations. Knowing your rights under the Pregnancy Discrimination Act, Family and Medical Leave Act, Pregnant Workers Fairness Act, and state laws can be invaluable.
If you are facing unfair treatment at work due to pregnancy, consider reaching out to Bourassa Law Group. Our attorneys have extensive experience in gender discrimination and employment law. They will guide and support you through your case, helping you navigate these challenges confidently.
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