Employer’s Responsibility under Pregnancy Discrimination Act

Posted by Marcus McGowan on March 26th, 2021

Simply speaking, pregnancy discrimination in the form of discrimination toward women for any reasons which are related to pregnancy. Every firm has the criteria to allow certain consideration as per the needs of pregnant women, for example, if an employee is pregnant, usually it will be so difficult to uplift heavy items, so the employee has the right to ask the employer to change the working conditions. If the employer is not willing for this or firing the employee from work, this will be a clear case of pregnancy discrimination.

After the birth of a child, the employee has the right to take leave from her job according to the rules and regulations of the firm. Certain laws and acts are existing for this claim in the judiciary system of Los Angeles such as the California Family Rights Act and California Pregnancy Disability Leave Law (PDLL). In the first-mentioned act, a woman has the right to take up to 12 weeks of unpaid leave from the company and the second law allows up to 4 months of unpaid leave if that woman is disabled due to pregnancy-related health conditions. Several examples can be noted for the actions of pregnancy discrimination such as firing from the work, not hiring the pregnant candidates, questions from the side of an employer to the employee whether she intends to become pregnant, demoting, and handover the job projects to other workers from the pregnant employee, etc.

Pregnancy Discrimination Act (PDA)

PDA protects the women working in various industries and companies from the discriminatory treatment faced by them in the workplace. This act mandates that the employee which is pregnant or suffering from any pregnant related medical conditions must be treated the same as the other employees and also includes some beneficial programs. PDA is amended with the Civil Rights Act of 1964 in Title VII, which states that any unlawful sex discrimination towards an employee based on pregnancy, childbirth or any related medical conditions will be punished accordingly to the implications of the law. For Americans, some pregnancy disabilities will also come under the American Disabilities Act (ADA) which provides light jobs and appropriate work times to pregnant employees.

Employer’s Responsibility under Pregnancy Discrimination Act

Employers have to give proper attention to the pregnant employees in the workplace as it is his responsibility to do the necessary for such employees. The employer must also provide the benefits to pregnant employers as mandated in the civil rights law and must give proper leave near to the time of delivery and after delivery as mandated in the California Family Rights Act and California Pregnancy Disability Leave Law. Employers must not deny any sort of benefits to the beneficiary concerned with the inability of the employee to do the work in a pregnant condition. The employer will be responsible for settling the damages or other forms of restitution to the employee in case of any violation of rights regarding the laws existing for the prohibition of pregnancy discrimination.

AkopyanLaw.com is the Los Angeles based attorneys representing the clients in practice areas including employment law, personal injury, labor law, workplace sexual harassment, pregnancy discrimination (akopyanlaw.com/pregnancy-discrimination), unlawful termination, race discrimination, employment discrimination, religious discrimination, reasonable accommodation, bicycle and bus accidents, sex discrimination, overtime, unpaid wages, wage and hour, and more. To know more, visit https://www.akopyanlaw.com/attorneys/.

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Marcus McGowan

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Marcus McGowan
Joined: November 28th, 2020
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