Pregnancy Discrimination Facts

If you feel you are being discriminated against, here is some helpful information for you to review. Due to The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, pregnant women CANNOT be refused a job because of their condition. Pregnant women must be treated just as fairly as everyone else applying for the same position.

HIRING

You cannot be refused a job if you are pregnant, as long as you are able to perform the major functions of the job. A company cannot refuse to hire a pregnant women due to the companies or its clients prejudices towards pregnant women.

PREGNANCY AND MATERNITY LEAVE

When screening employee's ability to do a job, an employer cannot single out pregnant women to determine if they can do special procedures. However, employers may require a doctor's statement concerning your inability to perform specific tasks, before they will grant leave or sick pay.
If you are unable to do certain parts of your job due to pregnancy, your employer must treat you as any other temporarily disabled employee. For example, they should give you alternative work to do, modified tasks, paid leave or leave without pay.

Your employer cannot refuse to let you work. If you can continue to work, you should be allowed to as long as you can perform your job. If you must be absent for a time period (i.e. short term bedrest, minor complications), your employer cannot force you to remain on leave. Also, your employer cannot require you to stay on maternity leave for a set amount of time. If you wish to return to work immediately after having your baby, your employer cannot keep you from returning.

Your job must be held for you for the same amount of time jobs are held for other employees who take sick or disability leave. *If you have been at your job for less than one year, this may not be true though. Be sure to check with Human Resources at your job.

HEALTH INSURANCE

Employers must provide health insurance that covers pregnancy expenses. However, abortion expenses are not required, except in the event that the mother's life is endangered. These benefits should be on the same basis of other medical conditions.

Pregnancy expenses should be reimbursed just as other medical expenses. This reimbursement can occur on a fixed basis or a percentage of the charges, depending on how your insurance company covers medical conditions.

Your insurance cannot increase or require a separate deductible for pregnancy. The amount payable to them can only be limited based on the limitations of other medical conditions it covers.

Male employees must receive the same benefits that female employees receive. That way if their spouse becomes pregnant, they will have equal coverage.

FRINGE BENEFITS

Benefits cannot be offered only to married employees. All female employees should have access to pregnancy related benefits.

If you are on maternity leave and other employees on leave for other conditions are provided certain benefits, you are entitled to those same benefits.

You must be treated equally as other temporarily disabled employees in regards to senority, vacation time, pay increases and disability benefits.



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