Pregnancy Bias Suit Tossed: Understanding Your Rights After Workplace Injury

The intersection of pregnancy and employment can be complex, especially when a workplace injury occurs. While pregnancy should never be a barrier to fair treatment, pregnant employees sometimes face discrimination, particularly when seeking accommodations or workers’ compensation benefits after an injury. It’s crucial to understand your rights and the legal protections available to you. Recent cases highlight the ongoing challenges and the importance of advocating for a safe and equitable work environment for pregnant individuals.

Understanding Pregnancy Discrimination

Pregnancy discrimination involves treating a worker unfairly due to pregnancy, childbirth, or related medical conditions. This can manifest in various ways, impacting hiring decisions, promotions, job assignments, or even termination. Examples of pregnancy discrimination include:

Rejecting qualified candidates due to a visible pregnancy.
Denying reasonable accommodations, such as schedule adjustments or temporary modifications to job duties, that are provided to non-pregnant employees with similar limitations.
Making negative comments or assumptions about a pregnant employee’s commitment to their job or their parenting abilities.
Retaliating against an employee for requesting pregnancy-related leave or accommodations.

Such discrimination not only affects the individual’s career and financial stability but can also lead to increased stress and health complications.

Legal Protections for Pregnant Workers

Several federal laws protect pregnant workers from discrimination and ensure their rights are upheld:

The Pregnancy Discrimination Act (PDA): Enacted in 1978, the PDA is an amendment to Title VII of the Civil Rights Act of 1964. It mandates that employers treat pregnancy like any other temporary disability. If a company offers light-duty options or unpaid leave to employees recovering from surgery or other medical conditions, similar accommodations must be extended to pregnant employees. The PDA applies to employers with 15 or more employees.
The Americans with Disabilities Act (ADA): While pregnancy itself is not considered a disability under the ADA, pregnancy-related medical conditions that limit an employee’s ability to perform their job may qualify as disabilities under the ADA. In such cases, employers are required to provide reasonable accommodations, unless doing so would cause undue hardship to the employer.
The Pregnant Workers Fairness Act (PWFA): Effective June 27, 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause significant difficulty or expense for the employer. Examples of reasonable accommodations include allowing more frequent bathroom breaks, providing seating, adjusting lifting restrictions, or modifying work schedules.
The Family and Medical Leave Act (FMLA): Eligible employees can take up to 12 weeks of unpaid, job-protected leave for childbirth, prenatal care, or postpartum recovery. The FMLA applies to employers with 50 or more employees.

Many states and localities also have laws that provide additional protections for pregnant workers, including the right to reasonable accommodations and protection against discrimination.

Workplace Injuries and Workers’ Compensation

Pregnant employees who sustain workplace injuries are generally entitled to workers’ compensation benefits, just like any other employee. Workers’ compensation can cover medical expenses and lost wages resulting from the injury. However, the intersection of pregnancy and workplace injuries can sometimes complicate the process.

Key Considerations:

Pre-existing Conditions: Employers or insurance companies may attempt to argue that a pregnant employee’s injury is related to their pregnancy rather than the workplace incident. It’s crucial to demonstrate that the injury was directly caused by work-related duties.
Reasonable Accommodations: If a pregnant employee’s injury requires temporary job modifications, employers are obligated to provide reasonable accommodations, as long as they do not create undue hardship for the business.
Discrimination: Employers cannot deny workers’ compensation benefits or retaliate against an employee simply because they are pregnant.

Recent Legal Developments

Recent court cases highlight the ongoing challenges in protecting the rights of pregnant workers. For example, in Parker v. Children’s National Medical Center Inc., a former medical center worker claimed she was fired due to pregnancy bias after requesting an accommodation to limit her work hours due to pregnancy-related complications. While the initial suit was dismissed, the case underscores the importance of ensuring that employers do not use performance issues as a pretext for pregnancy discrimination.

In Young v. UPS (2015), the Supreme Court ruled that employers must justify denying pregnancy accommodations if they provide them to other workers with temporary disabilities. UPS had refused light-duty work to a pregnant driver despite offering it to employees with on-the-job injuries.

Practical Advice for Pregnant Workers

Know Your Rights: Familiarize yourself with federal, state, and local laws protecting pregnant workers.
Communicate with Your Employer: Inform your employer of your pregnancy and any related limitations or medical conditions.
Request Accommodations in Writing: Document your requests for accommodations and any responses from your employer.
Seek Medical Documentation: Obtain documentation from your healthcare provider outlining any necessary accommodations or work restrictions.
Report Discrimination: If you believe you have experienced pregnancy discrimination, file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency.
Consult with an Attorney: If you have been denied accommodations, faced discrimination, or experienced difficulties obtaining workers’ compensation benefits, consult with an experienced employment law attorney to discuss your legal options.

Conclusion

While legal protections exist for pregnant workers, discrimination and challenges in obtaining fair treatment after a workplace injury persist. By understanding your rights, communicating effectively with your employer, and seeking legal guidance when necessary, you can advocate for a safe and equitable work environment throughout your pregnancy. Remember, pregnancy should not be a barrier to career advancement or workplace dignity.

If you have experienced a workplace injury while pregnant and believe you have been discriminated against, contact our firm today for a consultation. We can help you understand your rights and explore your legal options.