Unsurprisingly, it is illegal to discriminate against a pregnant woman in the workplace; however, it still happens and frequently. Fortunately, Congress has clarified that Title VII indubitably includes pregnancy within the definition of sex-based discrimination. So what are the rights of pregnant women and their spouses?
- An employer must give a pregnant worker a leave of absence, rather than terminate that employee. Further, pregnancy takes superiority over religious concerns (regarding the propriety of sexual relations).
- Employers are mandated to provide the same pregnancy benefits to all employees—including men married to pregnant women.
- Employers cannot discriminate against a woman's reproductive fertility when placing her in a position.
- An employer must grant pregnant employees the equal right to take disability leave that is provided to others with a similar ability to work.
This is a non-exhaustive list of just some of the rights afforded to men and women affected by pregnancy. Contact a Southern California Employment Lawyer if you feel that you or someone you know has been discriminated against due to pregnancy.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.