Employment news reports that retail giant Walmart is facing a potential class-action lawsuit on the basis of pregnancy discrimination. Unfortunately, incidents of pregnancy discrimination have been reported across the United States at some of the largest employers in the country. In fact, the number of pregnancy discrimination claims has steadily risen over the last 20 years and is now at an all-time high.
Pregnancy discrimination claims can arise in a variety of ways. For example, the Pregnancy Discrimination Act, which amends Title VII of the Civil Rights Act of 1964, makes it illegal to discriminate on the basis of pregnancy, child birth or related medical condition. This means that it is illegal to refuse to hire a pregnant woman, or fire her, fail to promote, discriminate re pay or take any other negative action against a woman due to her pregnancy. The Act further provides that pregnant women should be treated similarly to other employees with similar limitations.
Further, an employee that is temporarily unable to perform her job due to pregnancy must be treated the same as any other temporarily disabled employee.
Pregnant women also have other protections should they need “accommodations” due to their pregnancy. While pregnancy is not considered a disability, some pregnant workers may be eligible for additional protection under the amended Americans with Disabilities Act Amendments Act due to conditions related to pregnancy.
Most employers must also accommodate women’s breast-feeding needs by allowing for reasonable time to express milk and a location (other than a bathroom) to express milk.
For more information or if you believe you may have been discriminated against based on your pregnancy or childbirth, please contact the dedicated Atlanta pregnancy discrimination lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.