Are you being treated unfairly at work because you are pregnant? Pregnancy discrimination is illegal and you don’t have to put up with it. Watch this video by experienced Phoenix employment lawyer Quacy Smith to learn more about your rights.Read Our FREE Employment Law Guide
We recently had a client come to us in regards to issues involving her employment and her being pregnant. This on its face really is one of those areas of employment law and coverage that really needs a watchful eye and an experienced hand of an attorney that’s familiar with this kind of law. In some cases, we have women with pregnancy complications that make carrying a child and working while doing so quite difficult as it could be dangerous to the life of the baby and the mother. We have been asked if these types of issues such as pre-eclampsia is considered a disability. The Pregnancy Discrimination Act is not a product of the Americans with Disability Act. It’s a product of Title VII of the Civil Rights Act of 1964, which is discrimination based on sex. That’s because males can’t get pregnant, so there’s a certain set of criteria out of the Pregnancy Discrimination Act that requires that employers handle women who are with child a certain way.
There are claims that can arise under the ADA if there are complications with the pregnancy that would warrant and/or meet the Americans with Disabilities Act. It requires a very detailed analysis. There are questions that have to be answered as it relates to pregnancy. What happens when you need time off? What about doctors’ appointments after you birth the child? What if the child has issues after birth? What if you have issues after the birth of the child? How does Family Medical Leave Act play a role in the whole process? These are all questions that need to be answered by an attorney who’s experienced in that area that would represent your interests.
Oftentimes, employers aren’t as forthright as they should be in that area because they want you at work. The EEOC is a third-party neutral agency. They can only look at the facts from a neutral perspective that is submitted to them. If you are dealing with pregnancy issues and you have some concerns about your appointments, about some of the conditions that are associated with your pregnancy, and what your are rights under the appropriate laws, I would highly advise that you contact an experienced Phoenix attorney that deals and that has dealt in the area of Title VII and the Pregnancy Discrimination Act to make sure that your rights are adequately pursued.
Is your employer treating you differently after you announced you were pregnant? Contact our dedicated Phoenix employment lawyers for a free confidential consultation. We will ensure your rights are protected.
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