Pregnancy Leave

Pregnancy Leave

If you are pregnant and currently employed or seeking employment, it is imperative that you understand your legal rights. Under Title VII of the Civil Rights Act of 1964, federal laws consider pregnancy discrimination a form of gender discrimination, which is prohibited when hiring and firing workers.

If you or someone you know has been discriminated against based on gender, you may be eligible for compensation. Contact the San Antonio employment lawyers of Melton & Kumler, LLP at 800-681-6932 to discuss your legal rights.

The Pregnancy Discrimination Act

In 1978, Congress amended the Civil Rights Act to include the Pregnancy Discrimination Act, which states that discrimination based on pregnancy status is unlawful. The PDA states that an employer must treat pregnancy as they would any temporary illness which impairs work performance.

This does not necessarily secure a mother’s job, however. If an employer deems the leave of absence too long, or would otherwise similarly punish another employee for excessive absences, they can lawfully fire a pregnant woman.

Additionally, the Pregnancy Discrimination Act does not protect a pregnant woman from behavioral discrimination. For example, if a pregnant woman comes to work late due to morning sickness, she may be reprimanded just like any other tardy employee.

If your employer has more than 50 employees, however, they must abide by standards set forth by the Family Medical Leave Act.

Contact Us

If you believe you have been discriminated against based on your pregnancy status or gender, you need legal representation. Contact the San Antonio employment lawyers of Melton & Kumler, LLP to discuss your rights. Contact us at 800-681-6932 today to schedule a free consultation.

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