Pregnancy Discrimination

It used to be in Australia that a married woman could immediately expect to be fired the day her upcoming or accomplished wedding was announced. The reason behind the dismissal was that married women were much more likely to become pregnant than were their single counterparts. This took pregnancy discrimination to a much higher level than that ever reached in the United States but the fact remains that for years, and even still today, women have found themselves the victims of pregnancy discrimination.

Pregnancy discrimination is a form of gender discrimination. It was outlawed by the Pregnancy Discrimination Act which amended Title VII of the Civil Rights Act of 1964. Under this Act, it is unlawful for any employer to discriminate on the basis of pregnancy, childbirth, or any related medical conditions.

In addition to prohibiting companies from not hiring based on impending motherhood, the Pregnancy Discrimination also applies to employment agencies and labor organizations. On the whole, women who are pregnant or are affected by pregnancy-related conditions are entitled to the same treatment as other applicants or employees.

In regards to hiring, employers cannot refuse to hire a pregnant woman based on her pregnancy alone. They also cannot refuse her employment because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers.

Maternity and sick leave have special rules. If a woman requests sick leave due to a pregnancy-related condition, her employer may not subject her to special procedures to determine her ability to work or not. If, however, the employer has procedures in place that require all employees requesting sick leave to produce some form or do something, then it is ok to have the pregnant woman undergo the same process. The point is that the employer cannot have “special” procedures in place just for any pregnant employees.

Contact a Houston Labor Attorney

If you have been passed over for a job due to your pregnancy or been fired for the same reason, contact the Houston labor attorneys of the Ross Law Group to discuss your situation and to determine your legal options by calling 713-482-6910.