Protecting Pregnant Workers: A Close Look at the Laws and the Realities on Ground

Pregnancy discrimination accommodations.

Imagine landing a new job, attending the first training day, and then receiving the distressing news that “there might be something wrong with my daughter’s heart.” You are looking to seek immediate medical attention for your unborn child, but instead of understanding or empathy from your new employer, your job offer is rescinded. This is not fiction; it is a story that unfortunately unfolded for a sales consultant at Victra’s Dayton, Nevada, store.

Victra, a nationwide retailer of Verizon mobile devices, has been sued for alleged violations of the Civil Rights Act of 1964 under Title VII and the Americans with Disabilities Act (ADA). Before we delve into the details of the lawsuit, it’s pivotal to understand the laws that protect pregnant workers.

The Americans with Disabilities Act passed in 1990, prohibits discrimination against a qualified individual because of a pregnancy-related impairment that an employer regards as a disability. It paved the way for heightened awareness and protection for people with disabilities, including those related to pregnancy, ensuring their right to equal employment opportunities.

More recently, on June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect, providing additional protections for pregnant workers. The PWFA requires employers to provide pregnant workers with equal opportunities and flexibility as they do for other applicants or employees.

These laws aim to put a stop to discrimination against pregnant employees or applicants who may need immediate and emergency care related to pregnancy. Yet, the Victra case reminds us that these unfair practices still exist. The plaintiff in this lawsuit was denied the right to leave training for urgent prenatal care and lost her job as a result.

The sad reality is that pregnant workers should never have to choose between keeping their jobs or seeking urgent prenatal care to protect the health of both parent and child. Losing the ability to earn income during such a critical time is challenging and disheartening. Thankfully, entities like EEOC are there to defend the rights of pregnant applicants and employees against employment discrimination.

If you have experienced pregnancy-related discrimination, remember that you are not alone. There are laws designed to protect you and legal professionals available to help you navigate these daunting situations. An experienced employment law attorney can guide you through the legal processes, ensuring your rights are protected and justice is served. It’s crucial not to let discriminatory behavior go unchallenged. Stand up against it because each voice contributes to a louder call for equality, fairness, and justice in the workplace.