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Pregnant employees: Where can you draw the line?

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in Employee Benefits Program,Employment Law,Firing,FMLA Guidelines,Human Resources,Maternity Leave Laws

by Michael Aleo, The Bernabei Law Firm, PLLC

Pregnant employees and applicants are protected by two federal employment laws:

1. The Pregnancy Discrimination Act (PDA). The PDA prohibits organizations from discriminating based on pregnancy, childbirth or related medical conditions. It covers employers with 15 or more employees.

Federal courts have interpreted the PDA to require employers to treat pregnancy similarly to other temporary medical conditions or disabilities.

The PDA requires your organization to provide employees affected by pregnancy the same benefits provided to similarly situated employees, including insurance, bonuses and other fringe benefits.

To make a successful pregnancy discrimination claim, employees must show:

  • They were affected by pregnancy, childbirth or related conditions.
  • They were qualified for the job.
  • They were subjected to some form of adverse employment action (firi...(register to read more)

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