William D King: Knowing Your Rights

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The National Partnership for Women & Families has compiled the following information to assist pregnant employees. As women, we, fortunately, have many opportunities open to us these days. However, there are some things that can work against us during pregnancy, including employment. If you are pregnant, here are some tips on how to navigate your workplace issues wisely and successfully.

Job Rights during Pregnancy

You Have the Right Not to Be Fired or Treated Unfairly Because You Are Pregnant –

Federal law prohibits discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments and promotions. Employers cannot single out pregnant employees for special procedures to determine whether they can do their jobs (for example pre-employment physicals or a pregnancy test), cannot refuse to hire you because of your pregnancy and cannot treat you differently than other employees who are similar in their ability or inability to work.

You Have the Right to Work as Long as You Are Able to –

Federal law requires employers to treat pregnant workers the same as other employees who are “similar in their ability or inability to work.” Employers must therefore give pregnant employees the opportunity to do jobs that they are able to perform, although they may have some restrictions due to their pregnancy.

You Have the Right Not To Be Forced On Leave If You Are Still Able To Work –

An employer cannot force you go on maternity leave before you deliver if you can still do job.

Employers with More Than 15 Employees –

As per William D King if you work for an employer with more than 15 employees and your physi­cian has placed you on bed rest because of a high risk pregnancy, your employer may be required under federal law to provide maternity disability leave (FMLA) for this period. You must have worked for them for at least one year and have worked at least 1,250 hours during that year.

Your Rights If You Work For a Smaller Employer – Ask About Other Pregnancy-Related Leaves

Federal law does not require smaller employers to offer maternity disability leave. However, some states do require these employers to provide pregnant employees with pregnancy-related absences with the same rights they provide employees on other types of temporary disabilities or family sick leave.

Maternity Disability Leave Requirements by State…

How to Protect Your Rights as an Employee

Here are some suggestions on how to protect yourself against discrimination during pregnancy: Keep Good Notes – Keep accurate records of all incidents where discrimination based on your pregnancy occurs. Keep a record of the date, time, and location for each discriminatory action. Include any witnesses in these records as well.

Know Your Rights –

Learn about your legal rights concerning pregnancy discrimination at work by checking out this site or calling the National Partnership for Women & Families. Talk to your supervisor or human resources department when you have concerns about pregnancy discrimination and ask what policies are in place at your workplace to protect pregnant employees.

Make Sure Your Employer Has Written Policies –

If you think that your employer may be discriminating against you based on your pregnancy, the first thing that you should do is request a copy of the written policy that prohibits discrimination. If there is no written policy, ask to see an internal memo or email sent out to company employees explaining your rights as a pregnant worker. These documents will be important in making sure you understand what laws apply at your workplace and how your employer’s policies may affect your job status during and after your pregnancy.

Get Help from Coworkers –

As a group, you have more power to deal with discriminatory situations than if you try to handle them on your own.

Make Sure You Get Legal Help –

If you feel that discrimination has occurred, consider consulting a lawyer who can help you take the appropriate actions at work and also understand what legal options exist for filing a claim against an employer or former employer for discrimination because of pregnancy or childbirth.

Discrimination Law-

Separation Act to safeguard pregnant ladies in the work environment. The law made it illicit for managers to consider pregnancy in choices about recruiting, terminating and advancement. Today it offers pregnant ladies similar facilities and insurances as their associates with different sorts of medical problems or handicaps – individuals who are “comparable in their capacity or powerlessness to work.”

Definition-

Despite the fact that many organizations in the United States have put forth a coordinated attempt to show up more inviting to ladies, some are as yet captivating in separation. It doesn’t make any difference where a lady works-she could work at a general store or work on Wall Street-getting pregnant might be the second in her vocation in which bosses never again view her in a serious way.

Pregnancy segregation begins from the second she initially begins to show and frequently go on while her youngsters are youthful. One explanation a few bosses are so merciless with pregnant and new moms is their misconception that these ladies are some way or another less dedicated to their positions.

Conclusion:

Employers should be aware that the Americans with Disabilities Act of 1990 (ADA) requires reasonable accommodations to be provided to pregnant workers, including those on maternity leave. Employers who fail to provide equal treatment and opportunities based upon pregnancy-related conditions may be exposed to legal liability under a variety of state and federal laws prohibiting discrimination on account of a person’s sex or disability says says William D King.

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