The Impending Birth of a Bouncing Baby Lawsuit

February 27, 2017       The NonProfit Times      

Life can very often intrude into the workplace in ways both expected and unexpected.

The U.S. Equal Employment Opportunity Commission (EEOC) has issued several publications about protection of workers in a variety of situations, including that of women becoming (or thinking of becoming) pregnant.

Such a situation is covered by both the American with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).

Under the PDA, an employer is not required to keep a pregnant employee in a job that she would be unable to do or in which she would pose a significant safety risk for others in the workplace. However, an employer may not remove a pregnant employee from her job or place her on leave because managers believe that work would pose a risk to the employee or her pregnancy.

    That said, it should be understood that employers are not allowed to discriminate against a female employee on the following:

  • She is pregnant;
  • She was pregnant;
  • She could become pregnant, or intends to become pregnant;
  • She has a medical condition that is related to pregnancy; and,
  • She had an abortion, or is considering having an abortion.