Understanding Workplace Harassment And Discrimination When Pregnant

If you are currently pregnant and have been experiencing some difficulties at work, then you may already know that you have the right to take maternity leave. The Family Medical Leave Act allows you to take up to 12 weeks unpaid leave, and short-term disability insurance may entitle you to the partial payment of your salary for a period of time. If your employer is making it difficult for you to make it through the work day until you can legally take your leave, then this is considered discrimination. 

Pregnancy And Work Protection

In 1978, the Pregnancy Discrimination Act was signed into federal law. This law prohibits an employer from discriminating against an employee due to a pregnancy, the birth of a child, or the contraction of an illness or condition relating directly to the pregnancy. This means that your employer must make accommodations based on your condition, and they must also offer you job-related benefits and normal aspects of employment. As a pregnant woman, you are entitled to the same raises, training, job assignments, working hours, promotions, insurance benefits, and leave as other individuals who work with you. 

Not only does your employer need to treat you like everyone else, they also must make appropriate and reasonable accommodations if you need them and ask for them. For example, if your doctor informs you that you have gestational diabetes and require bed rest, then you can reasonably ask to work at home for the duration of your pregnancy if your position allows for this. If it does not, then you will be able to take a leave of absence. The only caveat to the accommodations offered to you is that they must not place undue hardship on the employer. For example, you cannot ask your employer to install a completely new and expensive computer software program that will allow you to work from home for several weeks. 

Harassment Issues

Being protected from discrimination does not only mean that you should have access to accommodations and that you can retain all normal aspects of your job; it also means that you cannot be harassed for being pregnant. Harassment is a real form of discrimination that you are protected from. Harassment is described at as any unwanted, negative, or sexual encounter in the workplace that is either verbal or physical. In your situation, words and actions that involve your pregnancy are considered harassment and discrimination against your pregnancy. This harassment must be stressful enough to create a hostile work environment to be considered discrimination.

There are many types of actions that can be considered harassment. For example, if your boss goes out of his way to touch your belly on a daily basis or informs you that pregnancy is sexy, then this would be a type of sexual harassment involving your pregnancy and also a form of discrimination. If this same boss belittles you and tells you your pregnancy has caused work performance issues or that your pregnancy has caused you to become fat and unattractive, then this is harassment as well. If you feel that something like this has happened to you, then contact a discrimination lawyer at a law firm like the Law Office of Faye Riva Cohen, P.C. right away.