Working during pregnancy is one of the most challenging tasks that a woman will ever experience in her life. No matter whether you are pregnant or not, the work stress is never going away anywhere. Hence, along with medical issues such as headache, dizziness, and nausea, you will also deal with annoying clients and loads of paperwork. Much worse will be when you start encountering the new workplace stress – pregnancy discrimination.
From not letting you get paid half-days for a regular checkup to making you work excessively, a lot comes under this type of discrimination. Well, are you a victim of pregnancy discrimination too? Assess your entire day at the office and answer. If the response is yes, this is the right place to know about the Pregnancy Discrimination Act and much more.
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What is Pregnancy Discrimination Act?
The Pregnancy Discrimination Act (PDA) safeguards pregnant women who are working. Preventing pregnancy-related harassment at work gives safety for employed women who get pregnant while working with an organization. Some employers continue to discriminate against pregnant employees despite the existence of this regulation. If you are also facing any such issue, then the first thing that you must do is contact the best attorney for your help.
They will make you understand and learn more about your rights as a pregnant working woman. We are here with a list of points that help you deal with workplace pregnancy discrimination for your convenience.
Things You Must Be Aware Of
1. Discrimination In All Facets Of Employment Is Prohibited Under The Pda
Employees are safeguarded under the PDA in all aspects of their job. It includes hiring, promotions, termination, salary, and other benefits, among other things. Your employer’s policies may or may not prohibit women from performing specific tasks solely because they are pregnant or capable of being pregnant. Additionally, policies that discriminate against women because of their pregnancy or fertility are forbidden.
2. Retaliation Is Strictly Prohibited
Employers are indeed forbidden from taking punitive employment actions against pregnant workers. Suppose you have been terminated as a result of lodging a complaint about pregnancy discrimination. In that case, you could be able to file a lawsuit against your employer for retaliation discharge as well as an unequal treatment against your employer’s decision.
3. Maternity Leave And Pregnancy Leave
It is required that your job be kept open for you if you need to take maternity or pregnancy leave under the Pregnancy Discrimination Act. It will be exactly like it would be kept open for an absent employee due to a disability or illness under the same circumstances.
4. Promotions Cannot Be Hampered
Employers are prohibited from excluding a female employee from promotions solely because she is pregnant. A breach of the PDA may be committed in this way.
5. There Is No Requirement To Disclose
You are not compelled to disclose your pregnancy to any future or present employers. According to the law, employers are prohibited from recruiting employees because they are pregnant as long as they can perform the essential functions of their positions. In addition, they are prohibited from requesting information about a worker’s current or future plans for parenthood.
6. Organizations Cannot Treat An Unmarried Pregnant Woman Differently
Certain religious groups and businesses that employ young people have been found by courts to discriminate against employees who break the laws against premarital sex. Employers who take this approach must also handle guys who indulge in premarital sex in the same manner. Pregnancy-related perks may not be restricted to only married employees.
How to File a Complaint?
‘Are you a victim of pregnancy discrimination?’ If this has happened to you, what do you do then? You certainly cannot fire your seniors. You cannot reform the rules and regulations of the company. However, there are a few other steps that you can consider implementing.
1. Go Through Employer’s Policy
Check your employer’s policy on pregnancy discrimination and learn about your legal recourse. Knowing that the law protects pregnant workers may ease some of the anxiety you may be feeling about being discriminated against by your employer. Pregnant women’s “abilities and suitable duties in the office and the home” must be protected by your company’s policies, which may include a modified work schedule or time off for maternity leave. If you don’t feel that your concerns are being taken seriously, you may approach management directly.
2. Integrate Self-Care To Your Work Schedule
Self-care should be a continuous part of your routine. To reduce the impact of stress on your day-to-day activities, buffer your day. Take care not to place yourself under any unreasonable time constraints. Replace the words “deadlines” with the words “lifelines.” In addition to “sick days,” you should take “health days” off as well. Job responsibilities should be spread out over a fair time period.
Create breaks between meetings to avoid interruptions. To avoid starting your day in a rush, try leaving for work 10 or 15 minutes earlier than usual. Turn off your devices at the end of the day and establish limits to safeguard your personal and private time.
3. Take Charge Of Your Problems
Don’t put your physical or mental health at risk for the sake of your career. Rather than waiting for the firm to decide what’s best for you, take the initiative and make your own decisions. Determine how far you are willing to go to satisfy the needs of the firm. Be prepared to put your foot down if you think your boss has gone beyond the line.
When prepared to file your charge, remember to write down what happened, including the event’s location, date, and time. Do this as quickly as possible following the event.
Talk to your company’s union rep. Speak to your boss and review your employee handbook. Keep performing well at work and recording it. Keep copies of all employment evaluations, memoranda, and letters.
To file a discrimination complaint, you can consider taking the help of an attorney. Make an appointment with Mann & Elias today.