Your Rights as a Pregnant Woman in Philadelphia: Part 2
Welcome back to our blog series, all about your rights as a pregnant employee. Becoming pregnant doesn’t mean you have to leave the workplace any longer. Living in the 21st century gives women many more opportunities when it comes to their careers. Women have a place in the office, police car, lab coat, as well as a CEO chair. Additionally, a working mother is no longer frowned upon. Having a family and a great job is the dream, right? While we like to think that discrimination doesn’t still exist against working mothers, we would be wrong. More so, being pregnant in the workplace can lead to hostile managers, not receiving promotions, and ultimately termination. It is important for all women to be aware that this type of behavior from an employer is illegal and you have every right to seek legal action from a discrimination lawyer in Philadelphia.
At Employment Law Firm of Pennsylvania, our discrimination lawyer is here to assist anyone who has been wronged within the workplace. Not only does he focus on pregnancy discrimination but also on, age, sex, race, gender, and disability. Our lawyer is well versed in all these subject matters and is here to work diligently to help you receive justice.
In our last post, we have been covering the rights of pregnant and soon to be pregnant women in the workplace. Knowing your rights will bring awareness to unfair and unjust treatment much more quickly.
Legal Rights of Pregnant Woman
She is entitled to special treatment if necessary.
When you are pregnant, if the pregnancy goes smoothly and according to plan, the pregnancy is not considered a disability. However, if there are complications where you need to go to extra appointments, need special attention or need time off, this must be granted by the employer, as now you are considered someone with medical impairments. Situations where pregnant women may need to sit instead of stand or take on a lighter workload need to be put in place. It is your job to provide your employer with a note from a medical professional stating you need these under your special circumstances. However, even with a doctor's note, some companies can forgo this rule if it will cause the business hardship.
She is entitled to work as long as she feels able to.
An employer may come to you and suggest taking an extended amount of time off, even before your maternity leave. Worse yet, they may suggest you switching positions altogether, and they will spin it saying, it will benefit you and your baby’s well-being. The employer is using this tactic to protect themselves from liabilities, depending on the line of work you are in. An employer is not allowed to tell you to take time off because they don’t find you capable of completing the work necessary. This is up to the digression of you and your doctor. Mainly, a company cannot assume the outcome of this situation.
Furthermore, there may be an issue when your return from work from your maternity leave. Many women may apply for a promotion, be thoroughly qualified, and not get the position because they are a new mother. The employer may inform you that you didn't get the promotion because the workload is too much when you have a baby. Point blank, this is discrimination and you need to speak with an HR representative or go straight to our lawyer in Philadelphia. At the end of the day, they need to treat you fairly and know that you are capable until a medical professional states otherwise. If you feel your employer is asking you to take off time for their benefit, call our discrimination lawyer today.
She and her husband need the equal amount of time for non-medical leave.
Maternity leave is always granted to the mother, no matter what. In certain companies, there is non-medical leave which can be anything from bonding with a child to an extended vacation or helping a family member. If your husband's company has this in place, he needs to be able to take the leave for the new baby. Remember, though, you are not required to be paid during this time. The United States is one of the only countries left who do not have an established paid maternity leave. 12 weeks or 2 ½ months is offered by most employers but does not need to be paid. Furthermore, only about half of the American companies follow this rule.
She cannot be harassed due to her condition or after she has the baby.
We all are well aware that sexual harassment is not tolerated and is illegal in the workplace. Discrimination based on your pregnancy or being a new mother also does not need to be tolerated. If you are being insulted day in and day out, and your work environment starts to feel like a hostile and unsafe place, this is simply not right or just. If you have gone to your higher departments and nothing is being done to rectify your abuse, call our discrimination lawyer right away. Not only are you being discriminated against by coworkers, but it is also a major issue that your employer is doing nothing to stop it.
She cannot be fired for terminating a pregnancy or thinking about terminating a pregnancy.
Under the Pregnancy Discrimination Act, there is a clause about women and their right to choose. If you decide that an abortion is going to be the best option for you, your employer cannot fire you because of it. It’s as simple as that. If you are fired because of this decision, you have a discrimination lawyer waiting to help you.
Knowing your rights as a woman is extremely important within the workplace. If you are pregnant, become pregnant, or have an abortion and feel you are being mistreated or are let go from the company, give Employment Law Firm of Pennsylvania a call today. Our lawyer is willing to help you get the justice you deserve.