What is Pregnancy Discrimination?

 Discrimination based on pregnancy is illegal under both federal and state law. It is unlawful for an employer to discriminate against an employee based upon her pregnancy. An employer may not terminate an employee because she is pregnant. Additionally, an employer may not refuse to hire an employee because she is pregnant.

 

This includes discrimination based on pregnancy, childbirth, or related medical conditions. Employers have a number of responsibilities to employees who become pregnant. For instance, if a woman becomes pregnant, and with the advice of her doctor asks for a position that is less strenuous or hazardous the employer must transfer her to another position if it has one, or can make one without being "unduly burdened." Basically, if it is not too much trouble for the employer to accommodate the woman's needs, he has to do it. Pregnancy Family Medical Leave Federal Title VII Law does not explicitly require employers to grant Pregnancy leave, although it does prohibit Pregnancy discrimination. However, the Federal Law does require employers to grant medical leaves, which are applicable to pregnant women (See separate section on family and medical leave.)

 

The Ohio statutes specifically give pregnant employees the right to take a leave of absence for a reasonable period of time, not to exceed four months. The employer does not have to pay his employee during this time. A "reasonable period of time" is the time period where the woman is "disabled" because of her pregnancy, childbirth, or related medical conditions. "Disabled" in this context simply means she cannot work. During a Pregnancy leave, a woman may also use any vacation time she has accrued. Employers can require any employee who plans to take a pregnancy leave to give the employer reasonable notice of the date the leave will start and how long it is expected to last. Employers generally cannot force a pregnant employee to go on pregnancy family medical leave. It is there if the woman wants it. However, if the employer can show that the woman absolutely cannot do her job, or is "disabled" by the pregnancy, he may be allowed to make her take a leave of absence. This is, however, a very difficult situation for the employer, because it is likely that the pregnancy can somehow be accommodated, which means the woman should be allowed to stay.

 

The Law Firm of David A. Young, LLC represents executives and employees who have been discriminated against based upon their pregnancy throughout the State of Ohio. Attorney David Young has been certified by the Ohio State Bar Association as a Specialist in the area of Labor and Employment Law. Attorney Young has also been recognized as a Super Lawyer in the State of Ohio for the years 2009 through 2013.