The Noble Law helps clients in both North Carolina and South Carolina navigate issues of workplace discrimination, including pregnancy discrimination. You have the right to be treated fairly at work, and the Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy. If you have been discriminated against because you are pregnant or because of conditions related to pregnancy, our employment law firm can help. Contact The Noble Law in North Carolina or South Carolina to schedule a consultation with an employment law attorney.
What is Considered Pregnancy Discrimination?
The Pregnancy Discrimination Act (PDA) prohibits discrimination in the workplace on the basis of pregnancy, childbirth, or conditions related to pregnancy. Since its passage in 1978, more women have been able to continue working while pregnant as well as receive temporary accommodations during their pregnancy.
Pregnancy discrimination can take many forms. It can include an employer’s refusal to grant temporary accommodation, such as not lifting heavy boxes or working with toxic chemicals. Race, ethnicity, and economic status can also influence how mothers and pregnant women are treated by employers. Pregnancy discrimination in the workplace can show its ugly face in different forms:
- Being sidelined from important projects
- Excluded from key travel events
- Delays in promotions or raises
- Condescending attitudes or invasion or personal space
- Unwanted reduced hours or responsibilities
- Reassignment of position or even termination
If you are pregnant and concerned about potential pregnancy discrimination, we would suggest meeting with one of our employment attorneys to discuss a strategy that makes sense for you and your career goals. An attorney from our employment law firm can advise you how and when to disclose your pregnancy, suggest the most appropriate protocols for reporting discrimination in the workplace, as well as explain the legal options that you have should the situation become adversarial.
Pregnancy, FMLA, FLSA
Along with the PDA, pregnant workers may also have additional rights under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). For example, nursing mothers may have the right to express breast milk in the workplace under the FLSA. This includes break time for expressing milk. You also have the ability to use FMLA leave during pregnancy, and a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care, and for serious health conditions relating to pregnancy or birth.
Temporary Disability
If you are unable to perform your job due to a medical condition related to pregnancy or childbirth, your employer must treat you the same way they would treat any other temporarily disabled employee. That includes accommodations such as light duty, alternative assignments, disability leave, or unpaid leave. If you need to take leave because of a temporary disability, your employer cannot fire you.
Pregnancy Discrimination & Health Insurance
If your employer provides health insurance, it must cover expenses related to pregnancy in the same way that it does other medical conditions.
Pregnancy-related health expenses should be paid for in the same manner as any other health condition, and a larger deductible cannot be imposed for pregnancy-related health expenses.
Pregnancy Discrimination Regarding Reasonable Accommodations
South Carolina and North Carolina have laws requiring employers to provide reasonable accommodations for pregnant employees to help them stay safe, healthy, and comfortable on the job. In addition to state laws, the Pregnancy Discrimination Act (PDA) bars workplace discrimination based on pregnancy and requires that employers treat expecting workers the same as any other who is getting accommodations for health-related causes.
Whether it’s assistance with physically demanding tasks or getting more frequent breaks, these minor adjustments are designed to allow pregnant employees to continue their duties without jeopardizing their own welfare or that of their baby.
Family Medical Leave Act Lawyer for Pregnancy Discrimination
Employers sometimes treat pregnant women unfairly based on pregnancy, childbirth, or a related medical condition. The Family and Medical Leave Act (FMLA) aims to prevent this, and it can offer a remedy when the worker’s rights are violated.
The FMLA guarantees a worker’s right to take up to 12 weeks of unpaid leave to tend to their own medical needs or those of certain family members. If you were not afforded the same leave-of-absence rights as other employees due to issues related to your pregnancy, a workplace discrimination lawyer at The Noble Law can help determine whether there was a violation of the FMLA.
Pregnancy Discrimination Regarding Maternity Leave
Although presenting many challenges and worries, pregnancy can be a time of unmatched excitement for the future as a woman prepares to bring a new life into the world. Unfortunately, not all employers share in that feeling of hope and instead use the condition against employees. A series of local, state, and federal laws provide protections for women facing pregnancy discrimination in the workplace; if you believe you have been treated unfairly because of pregnancy, it is a good idea to speak with an employment discrimination lawyer.
Pregnancy discrimination is unequal treatment by an employer due to an employee’s current pregnancy, or even because of a pregnancy loss. When an employer makes a decision based on an employee’s pregnancy status rather than her qualifications, it may violate the law.
The Pregnant Workers Fairness Act (PWFA): Key Provisions and Impact
The Pregnant Workers Fairness Act (PWFA), protects workers’ rights to “reasonable accommodation” for challenges related to pregnancy and nursing. Such accommodations might include: leave, work from home arrangements, permission to eat at work, access to lactation spaces, changes in duties to avoid physical exertion or exposure to toxic chemicals, and any other measures that would help affected workers without overly burdening their employer. The PWFA also prohibits covered employers from retaliating against employees who request and receive accommodations thereunder. This law went into effect on June 27, 2023, and applies to employers with 15 or more employees.
The PFWA requires employers to provide reasonable accommodations for employees with known limitations due to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense, referred to as “undue hardship.”
It marks a critical shift in the legal landscape. Prior to the PWFA, pregnant workers often had to seek legal recourse by proving discrimination using broader laws like the Pregnancy Discrimination Act (PDA) or the Americans with Disabilities Act (ADA), which did not always guarantee accommodations.
The PWFA fills the gap between discrimination and indifference by proactively requiring employers to engage in an “interactive process” and tailor accommodations to the employee’s needs. The interactive process requirement obligates employers to promptly respond to accommodation requests and have meaningful discussions with the employee about what steps could be taken to reduce the risks and burdens of employment on childbearing.
Examples of possible reasonable accommodations under the PWFA include:
- Allowing additional restroom or hydration breaks
- Providing a stool or chair for sitting during duties that typically require standing
- Modifying work schedules or providing flexible hours
- Permitting lighter duty or temporary reassignment of hazardous tasks
- Allowing remote work or telecommuting where feasible
- Granting time off for prenatal appointments or recovery from childbirth
- Adjusting uniforms or dress codes to accommodate medical needs related to pregnancy, such as mobility limitations, or the need for more breathable or supportive clothing
Understanding “Undue Hardship” in Workplace Accommodation Requests
An employer may deny a request for accommodation if they can successfully argue that providing that accommodation would impose an “undue hardship” on the operation of the business. Legally, this means the employer must show that the requested accommodation imposes a significant difficulty or expense, evaluated in the context of the employer’s size, resources, and the nature of its operations.
In court, it is entirely the employer’s responsibility to prove that the requested accommodation would create such undue hardship. A denial cannot be based on speculative concerns, customer preferences, coworker resentment, or generalized assumptions. Instead, the employer must demonstrate, with specific evidence, that the accommodation would create an undue hardship as defined by law.
Courts consider several key factors when assessing such claims, including:
- The nature and cost of the accommodation
- The employer’s overall financial resources
- The size and structure of the business, and
- The impact the accommodation would have on the operation of the business, including the other employees’ ability to perform their duties.
If you experienced retaliation for requesting or receiving a pregnancy-related accommodation, or believe your reasonable accommodation request was denied in violation of federal law– whether due to lack of individualized assessment, reliance on stereotypes, or failure to engage in the interactive process–The Noble Law can provide legal guidance and advocate for your rights.
Steps to Take if You Requested a Pregnancy-Related Accommodation or Experienced Retaliation
If your employer is refusing to engage in an interactive discussion with you about workplace accommodations related to pregnancy, denied your reasonable request for such accommodations, or retaliated against you for requesting such accommodations, you may have legal recourse. It’s important to act promptly and strategically to protect your legal rights:
- Document Everything: Maintain a detailed record of incidents, including dates, times, what occurred, and who was involved. Preserve all relevant communications that may support your claim, e.g., emails, text messages, or written notes.
- Report Internally: Follow your employer’s established procedures by reporting the issue to Human Resources. Submit your complaint in writing and retain a copy for your records. This step creates a documented history of your efforts to resolve the issue.
- File a Charge with the EEOC: If the matter remains unresolved, you may benefit from filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).You must file within 180 days of the discriminatory act. Speaking with an attorney as soon as possible will ensure that you trigger your employer’s legal requirement to engage in an interactive process, protect you from letting deadlines lapse, and ensure that you collect and submit the best evidence available.
- Consult Legal Counsel: Navigating pregnancy challenges at work can be complex and stressful. Our experienced employment attorneys provide personalized legal guidance to employees in North Carolina and South Carolina, ensuring your rights are upheld and your voice is heard.
The Noble Law – Employment Attorneys
You have the right to a safe workplace free of discrimination, including pregnancy discrimination. If you are being discriminated against or harassed in your workplace, an employment attorney at The Noble Law may be able to help. We provide clients with legal counsel and representation in North Carolina and South Carolina. Contact us today to schedule a consultation with one of our experienced employment law attorneys.
