Employers cannot base employment decisions based on a woman’s pregnancy.
If a female is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees. Medical impairments related to pregnancy are to be treated under the Americans With Disabilities Act (ADA), where an employer may have to provide a reasonable accommodation to the employee.
Title VII prohibits discrimination of pregnant workers.
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. This type of harassment leads to a case for Hostile Work Environment.
Under the Pregnancy Discrimination Act, employers who permit temporally disabled workers to take leave must provide the same accommodation to pregnant workers who are temporarily disabled. This does not mean that the employer must provide pregnancy or maternity leave, but rather only in some limited cases. Under the Family Medical Leave Act (FMLA) workers are permitted to take up to twelve (12) weeks of unpaid leave for medical reasons. The employee must have worked 1250 hours in the preceding 12 months and the employer must qualify under the FMLA.
I am an experience employment lawyer who handles these matters regularly. Our team investigates your claim to secure all of the information to help obtain a positive resolution to your case. We know the law and we understand your needs. No matter what your question, please feel free to call us at 215-695-3000 to discuss your case. All consultations are free of charge.
Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.
You will speak to an attorney about your case!
Saffern & Weinberg has offices located in both Center City Philadelphia and Jenkintown, Pennsylvania. Attorney Robert Maizel is a Partner with the Law Offices of Saffren & Weinberg.
Robert Maizel is associated with, and is a Partner with the Law Firm of Saffren & Weinberg. Robert Maizel is not a Law Firm, and rather Robert Maizel is affiliated with the Law Firm of Saffren & Weinberg. All clients shall formulate an agreement with the Law Firm of Saffren & Weinberg, with the option of hiring Robert Maizel as lead counsel on your case to be heard in the State Courts of Pennsylvania, and Marc Weinberg as the lead counsel in cases to be heard in the Federal Courts of Pennsylvania. Mr. Maizel handles all actions in the Administrative Courts of Pennsylvania including the EEOC and PaHRC.
Call Robert Maizel at 215-695-3000 to schedule your free consultation.