A Brief Guide to the Pregnancy Discrimination Act (PDA)

Pregnant woman Few things can bring as much excitement and joy to your life as learning that you are pregnant. For far too many women, however, that joy is quickly stifled when they begin experiencing discrimination from their employer. Fortunately, there are legal protections in place that can help to guarantee your rights in these situations – but you need to know what your rights are, and how to demand them. Specifically, learning about the Pregnancy Discrimination Act is a great way to understand your rights. What is the PDA? The Pregnancy Discrimination Act was originally passed in 1978, and is a part of Title VII of the Civil Rights Act of 1964. This act is designed to help protect the rights of the millions of women who may become pregnant at some point during their careers. It is a fairly extensive piece of legislation, which governs virtually all aspects of employment including hiring, promotions, pay, firing, disciplinary actions, and employment benefits. This act applies to all employers that have fifteen or more employees. Although smaller employers aren’t covered under this act, however, they can’t legally directly discriminate against pregnant women either. What Rights Does it Protect? The PDA offers many protections against discrimination, which pregnant women are often a victim of. These protections apply not only to women who are pregnant, but also those who may become pregnant. Some specific rights that are protected include: Getting Fired – Employers may not terminate employment because you file a complaint against them for violating the PDA. – Read More “A Brief Guide to the Pregnancy Discrimination Act (PDA)”

6 Tips to Help Expecting Mothers Negotiate Maternity Leave

Pregnant Woman working on laptop If you are pregnant, or trying to become pregnant, you undoubtedly have a lot on your mind. For many working women, one of the biggest worries is job security with a growing family. While some companies offer up to twelve weeks of unpaid leave when an employee has a child, it is often possible to negotiate a better arrangement. Offering new moms the time they need to recover from childbirth, bond with their baby,, and spend time with their growing family is a great option for employers and employees . That said, it can still be a difficult conversation to have at work if you’re not prepared. The following six tips can help you successfully negotiate  to create the maternity leave that best suits you: Understand the Company’s Leave Policies First, it’s critical to read through your employee benefits handbook. This will help you learn what maternity leave options are available, so that you can ask for something better later; you want to enter the process with all the facts. If your company doesn’t currently offer maternity leave, research other leave options such as personal leaves of absence, the Family Medical Leave Act (FMLA) and other alternatives such as modified work schedules. It may be possible work with your employer and adapt one of these options to meet your needs. Start the Process Now The earlier you start negotiation, the better. Giving your colleagues time to plan for your absence frequently makes it easier for managers to approve your request. Whether this means talking to your manager or HR team shortly after becoming pregnant, or while you’re trying to get pregnant, sooner is going to be better. – Read More “6 Tips to Help Expecting Mothers Negotiate Maternity Leave”

Pregnancy Rights Primer

Pregnant woman 2 Pregnancy rights are integral to the American economy and the American family. Better late than never, society is finally coming to recognize it. Women are smart, capable, and dedicated workers, and guess what – many of us have kids! New York City has one of the best pregnancy discrimination laws in the country. The New York City Human Rights Commission, which enforces them, issued some new guidelines last month. And this week, for the White House United State of Women Summit, the Equal Employment Opportunity Commission issued a new fact sheet. This post is intended as a very basic primer on your rights under NYC and federal laws. The first step in enforcing your rights is knowing what they are. New York City NYC requires employers to reasonably accommodate pregnancy, childbirth, and related conditions, without the need to prove “disability”. Related conditions includes things like pumping breast milk, abortion, and fertility treatment. Discrimination against pregnant workers is strictly prohibited. Note that discrimination isn’t always black and white. If an employer takes action against you, even in part because of your pregnancy, come talk to us – you may have a claim. This can mean anything from hostile remarks (including jokes) that make you uncomfortable, to demotion or firing. Any “lesser treatment” counts. If you need a reasonable accommodation for your pregnancy, the employer must participate in a “cooperative dialogue” to help find a workable solution that doesn’t pose an undue hardship. We can help you navigate this process. After giving birth, you are entitled to take reasonable leave. – Read More “Pregnancy Rights Primer”