If you lost your job or were denied employment because of your pregnancy, Title VII protects pregnant employees from discrimination by their employers because of pregnancy or related medical conditions. The federal protection from pregnancy discrimination is based upon the Pregnancy Discrimination Act of 1978 set forth within Title VII of the Civil Rights Act of 1964.
The Pregnancy Discrimination Act (PDA) is federal legislation that makes it illegal for employers with 15 or more employees to discriminate against an employee based on their pregnancy status or after a child’s birth. Under this law, employers cannot:
The above are sadly just a few of the ways in which employers discriminate against employees based on pregnancy or pregnancy-related concerns. All of them are violations of the law.
In circumstances where an employee’s pregnancy (or complications from it) affects her ability to do her job, their employer must make reasonable accommodations to enable the employee to continue working through or after their pregnancy. It is important for an employee to be open with her employer about her pregnancy to ensure that the employer cannot claim ignorance about the pregnancy or medical issues resulting therefrom should the employer take unlawful action. If you are having difficulty with your employer or have any questions about your rights, contact our office to discuss your rights with our Denver pregnancy discrimination lawyers.
In addition to protection against pregnancy discrimination, individuals employed by larger employers (50 or more employees within a 75-mile radius) are likely entitled to Family and Medical Leave (FMLA). Eligible employees may receive up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. If an employee requests and/or receives FMLA leave, their employer may not interfere with their right to take the leave or retaliate against them for doing so. If your employer has interfered with your right, or the right of a loved one, to take FMLA leave, our Denver Colorado FMLA attorneys are here for a FREE initial consultation.
Colorado State Law also requires an employer to provide reasonable accommodations for an employee for health conditions related to pregnancy or physical recovery from childbirth when the employee requests the reasonable accommodation, unless the accommodation would impose undue hardship on the employer’s business. If your employer has failed to provide you with reasonable accommodations relating to your pregnancy or childbirth, please contact our Denver Colorado pregnancy accommodation attorneys. The pregnancy discrimination attorneys at Coffman Legal are experienced pregnancy and postpartum accommodations lawyers.
There are laws to protect pregnant employees from being fired, rejected for hire, or otherwise disciplined because you are pregnant. Employers are not allowed to determine an employee is unable to perform her job because she is pregnant. Employers must make also make accommodations for pregnant employees and cannot unilaterally conclude a pregnant employee is unable to do her job. While being pregnant is not a disability, pregnant women are afforded the same rights to reasonable accommodations as disabled employees. This means that employers must make certain changes when a pregnant woman requests them, including:
When an employee asks an employer to provide these reasonable accommodations and they fail to do so, the employer can be held liable under the law. Additionally, it is unlawful to terminate, demote, decrease pay, or otherwise take adverse action against a pregnant employee who requests reasonable accommodations in order to maintain employment. If your employer has taken adverse action against you because of your pregnancy, requests for reasonable accommodations, or postpartum accommodations, contact our Denver Colorado pregnancy discrimination attorneys for guidance in your claim.
If you believe you are being, or have been, discriminated against because of your pregnancy or issues resulting from your pregnancy, contact our Denver Colorado pregnancy discrimination lawyers immediately. We will guide you through the process that protects you from discrimination or harassment because of your pregnancy. Call us for a free consultation at 720-784-7717 with our Denver Colorado pregnancy discrimination attorneys today.
Under both Colorado State Law and Federal Law, employers are required to provide a “reasonable, unpaid, break time for an employee to express breast milk for her nursing child time such employee has need to express the milk.” This break time can come from paid break time, mealtime, or both, to express breast milk for an infant. The Patient Protection and Affordable Care Act (PPACA), affords this protection to nursing mother for up to one year after the child’s birth, while Colorado Law extends these protections up to two years after the child’s birth. If your employer has discriminated against you or failed to provide a reasonable accommodation, contact our Denver Colorado nursing mothers’ employment rights lawyers.
An employer could violate these laws by:
You have certain rights and protections under these laws. Balancing working and nursing for your child can feel impossible, and our Denver Colorado PPACA nursing accommodations lawyers are here to help you. Contact us for a FREE consultation at 720-784-7717.