Pregnancy Discrimination Claims. Pregnancy discrimination can be found in any country. It can be happened because the women position is often underestimated and considered as the weakest person. Sometimes, they can be treated unfavorably and unequally by their employers. It can happen when the women are on pregnancy, having sickness relates to their pregnancy, taking the maternity leave or when they are in maternity leave. However, the Title VII of the Civil Rights Act of 1964 in 1978 was amended by the Congress and the Pregnancy Discrimination Act or PDA is included there. It is stated that the employers are prohibited to treat the pregnancy, childbirth, disabilities, and other medical conditions badly and unequally.
According to the report and the data gathered by the United States Equal Employment Opportunity Commission or we also often call as EEOC, the enhancement of the pregnancy discrimination claims are about one percent each year since 1997 and it is leaded by the across industries and at every level of employment. As mentioned before, that the pregnancy discrimination has also been forbidden by the PDA and it is also written in the EEOC. However, the pregnancy discrimination still becomes a common case that may happen anywhere and anytime, as the case samples that will be mentioned in the following.
Perhaps, you are one of the people who consider the pregnancy discrimination claims as the common cases. You think that these usually happen and it will happen continuously without any solution and protection for the women. We can see that the pregnant women will not be offered the same training or promotion opportunities and they will be treated unequally because of their pregnancy-related sickness. The pregnant women who are on maternity leave may also be dismissed before they return for working again. Sometimes, the employer asks other person about one maternity leave and that person who is asked by the employer make redundant information about one’s pregnancy and maternity leave.
Maybe you are one of the pregnant women who have experienced or you are experiencing the pregnancy discrimination claims. Pregnancy becomes the reason for challenged employment action and it can be showed through the direct evidence. Besides, the statements which are made by the decision makers can also be included as well. If it happens, then clearly your pregnancy becomes one of the motivating causes of your employment decisions. A discriminatory attitude will be reflected by the employer’s comments in the direct evidence.
Do not ever think that the law will not or cannot do anything for the pregnancy discrimination claims. The entire workers or the job applicants will be protected from the very first day they work by the law. And if it is needed, you can also call the lawyer who is the maternity expert. Here, through the professional lawyer, you will be advised about the promotion and training, pay and conditions, return to work even though the part-time job, redundancy, and sickness which are included in the issue arisen during the maternity leave and pregnancy. Also, you will also be listened to by them when you want to consult anything.
In the pregnancy discrimination claims, the adverse employment action will also be found by you. Your employer is usually the person who will make an ultimate which adverse you, like a dismissal. However, is it still applied by the employer when a miscarriage happens to you? Or you will also still be protected by the law? Actually, in the related law, it will only contain the pregnancy discrimination protection toward pregnant women who get the unequally treatment on the basis of their ability and inability to work, and it does not include the miscarriage cases.
If you have such a question around the pregnancy discrimination claims whether you will be fired or you will not be hired anymore by your employer, because you may become pregnant or you are pregnant, so the answer they are prohibited to do that. It has been published by the PDA that it is included as an illegal thing and any adverse action should not be taken by your employer because of your pregnancy. All you need is just remember that you are a protected class, according to the Pregnancy Discrimination Act that will not deny the statement they have made.
Well, some of women who are in early pregnancy will be afraid of telling their pregnancy to their employer. And the pregnancy discrimination claims will come afterwards if your employer acts unfairly. So, it becomes so questionable about when the best time to tell your employer about your pregnancy. It is also impossible for hiding your belly which will getting bigger due to your fear toward your employer’s act to you. At least, thirty days notice should be provided by you to your employer so that the maternity leave can be taken well.
It is a normal thing when you are pregnant and you are also working. The worst thing can happen that your workplace can be so annoying by making an unequal treatment for their pregnant women employees. Later, you will also be worried by the pregnancy discrimination claims and also about your job while the maternity leave is being taken. Actually, those matters should not be a thing to be worried of, because you can work on your previous position before you take maternity leave. Or else, if your employer has eliminated this position, at least you will be moved to another position. Moreover, the equivalent position as your previous position, benefits, and fee should be your right that should not be worried.
All about pregnancy discrimination claims has already discussed here. However, if you still feel that you lack of information here, you may search on the Internet for further information and news about this case. In conclusion, whoever is in pregnancy and treated unfairly by their employer, they will be protected by the law. Further, the professional lawyer can also be asked for handling your case if you really think that it becomes a severe case with your employer and you need a help for it. Be brave for defending your rights!
Reference:
- Pregnancy Discrimination Claims. wageproject.org/files/fed_preg.php
- Maternity and pregnancy discrimination claims. leighday.co.uk/Our-expertise/employment-and-discrimination-claims/Maternity-and-pregnancy-claims
- Pregnancy Discrimination Claims On The Rise, EEOC Reports. huffingtonpost.com/2012/04/24/rise-in-pregnancy-discrimination-eeoc_n_1449825.html
- Pregnancy Discrimination. eeoc.gov/laws/types/pregnancy.cfm
- Images: kellyhicksdesign.com, i.huffpost.com
Article publié pour la première fois le 12/08/2015