Login
Password

Forgot your password?

Overview of the Pregnancy Discrimination Act

By Edited Feb 10, 2014 0 0

The Pregnancy Discrimination Act or PDA was passed into law as an amendment to Article VII of the Civil Rights Act to protect female workers from discrimination based on pregnancy, child birth or other medical conditions related to pregnancy.

Pregnancy discrimination cases cover all facets of employment ranging from hiring, to termination and health benefits.

Under the law, female workers have the following rights:
· The law makes it illegal to refuse employment to a qualified applicant because of her pregnancy or other related medical condition
· The law makes it illegal to single out a pregnant woman for special procedures to determine her ability to work.
· The law requires employers to treat pregnant worker in the same manner that the company treats other temporarily disabled employees.
· If the employer provides reasonable accommodations for employees with temporary disabilities that would allow them to continue working, then pregnant workers are also entitled to their own reasonable accommodation. Unless it gives employers undue hardships.
· If the employer provides employees health care insurance, then it should cover pregnancy related costs in the same manner as with other medical expenses.
· Spouses of male employees must be given equal level of health benefits as the spouses of female employees.
· Employers are not required to cover expenses for abortion, unless it is necessary to save the mother's life.
· Expenses related to the worker's pregnancy should be reimbursed the same way as other medical conditions.
· The pregnant worker must also be allowed to work as long as they are able to do their jobs. Employers are not allowed to place a pregnant worker on force leave.
If any of those rights are violated, then you should file a complaint against your employer.
However, the burden of proof in pregnancy discrimination cases falls upon you, the complainant.
To prove a pregnancy discrimination case, you have to prove the following elements:
· Your employer has knowledge of your pregnancy, childbirth or other condition related to pregnancy.
· You were the subject of an adverse action by the employer because of your pregnancy, or the employer has denied you benefits that were given to other employees
· You have to prove that the actions of the employer were part of a consistent pattern of discrimination against pregnant employees or applicants.
To help you prove your case, you should document everything about your work and anything that might be related to the alleged discriminatory act.
You should also consult an employment law attorney to know your legal options.


Advertisement

Comments

Add a new comment - No HTML
You must be logged in and verified to post a comment. Please log in or sign up to comment.

Explore InfoBarrel

Auto Business & Money Entertainment Environment Health History Home & Garden InfoBarrel University Lifestyle Sports Technology Travel & Places
© Copyright 2008 - 2016 by Hinzie Media Inc. Terms of Service Privacy Policy XML Sitemap

Follow IB Business & Money