Were you aware that it’s unlawful for employers to discriminate against pregnant workers?

The Pregnancy Discrimination Act (PDA), which falls under the umbrella of Title VII of the Civil Rights Act of 1964, is a federal law that prohibits employers from discriminating against pregnant or post-partum females. The PDA prohibits Kentucky from carrying out certain acts when dealing with employees who fit into this category.

What actions does the Pregnancy Discrimination Act prohibit?

PDA’s passing made it unlawful for employers to engage in certain activities when dealing with prospective or current employees, including:

  • Allowing a potential employee’s pregnancy to affect their decision to hire that job candidate.
  • Letting an employee’s pregnancy affect whether they were extended career advancement opportunities or pay increases.
  • A prospective employee’s pregnancy having an effect on the job role that they are offered.
  • Letting an employee’s pregnancy have any bearing on whether a worker was fired or laid off from their position with the company.

Federal lawmakers consider pregnancy to be a type of short-term disability. Thus, lawmakers expect Kentucky employers to extend their employees unpaid leave and modified work options as a result.

What additional federal laws may apply to pregnant workers?

The PDA isn’t the only federal law that applies to pregnant workers. The Americans with Disabilities Act (ADA) may cover pregnant women with gestational diabetes or sciatica. The Family and Medical Leave Act (FMLA) may require Kentucky employers to hold a pregnant employee’s position open for up to 12 weeks while they’re on unpaid leave.

Did your employer discriminate against you because of your pregnancy?

Employers who choose to discriminate against their pregnant or post-partum employees often do so because they don’t know what to do with their workload in their absence.

Some employers hire extra help to bridge the gap, then find themselves wanting to hold on to that new hire. Employers may take discriminatory action against their pregnant or post-partum employees in the midst of all this, even though it’s illegal for them to do so. An attorney can advise you of the steps that you’ll want to take in your Louisville case should this have happened to you.