pregnancy discrimination

March 20, 2023

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BY elijah "big dan" vargas

  Pregnancy Discrimination in the workplace is a serious issue that affects many women in the United States.  Despite laws that prohibit discrimination on the basis of pregnancy, many employers continue to discriminate against pregnant women, either by not hiring them or by not accommodating them when needed. 
Title VII of the Civil Rights Act of 1964 is the principal federal statute prohibiting employment discrimination on the basis of pregnancy.  The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII and prohibited employers from discriminating against women because of their pregnancy, childbirth, or related medical conditions.  However, it did not require employers to provide accommodations for pregnant women, such as light duty or flexible schedules. 
Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will require employers with 15 or more workers to grant temporary and reasonable accommodations for pregnant job applicants and employees, such as light duty or other arrangements.  The PWFA also prohibits employers from discriminating against a job candidate or employee because of their need for pregnancy-related accommodations. 
The PUMP Act, Providing Urgent Maternal Protections for Nursing Mothers Act, amends the FLSA and expands the workplace protections for employees with a need to express breast milk.  This law is in effect as of December 29, 2022.  Specifically, it expands the requirement that employers provide certain accommodations for such an employee to cover salaried employees and other types of workers.  Time spent to express breast milk must be considered hours worked if the employee is also working. the new law also extends from one year to two years the available time period for such accommodations. 
It is important that you consult with an attorney as soon as you experience any discrimination regarding these issues because employment law is riddled with deadlines and pitfalls to keep your claims out of court and away from a jury.  ALSO, DO NOT SIGN ANY ARBITRATION AGREEMENTS OR CLAUSES, or you might as well waive all your rights away.  
If you think you or your loved ones have been discriminated against or retaliated against due to pregnancy, have them call BIG DAN.