If you are an employer that has 15 or more employees, you are subject to the Pregnancy Discrimination Act (PDA). The PDA prohibits employers from discriminating against an employee or job applicant based on many things relating to pregnancy and reproductive rights. Violation of the PDA can land an employer in a great deal of legal trouble. At Tand & Associates, P.C. our knowledgeable employment law attorneys are here to help employers avoid these types of missteps. Consult with the attorneys at Tand & Associates today to make sure you have company wide policies in place to ensure compliance with all PDA requirements.
How Do I Avoid a Violation of the Pregnancy Discrimination Act?
The best way to avoid violating the PDA is to be informed as to what it is all about. The PDA is a federal law that bars employers from discriminating against an employee or anyone applying for a job because of pregnancy or childbirth related issues. These types of issues may include:
- Current or past pregnancy
- Planning for pregnancy
- Undergoing fertility treatments
- Breastfeeding or pumping accommodations
The ban on any type of pregnancy discrimination is applicable to all aspects of employment, including hiring, firing, and promotions. Not only can an employer not use a pregnancy related issue as the reason for an employment decision, it cannot even be one of the factors for the decision. If an employer fires someone because they take breaks to pump breast milk and they also failed to complete an important project by a certain deadline, the decision to terminate the employee would still be a violation of the PDA.
Additionally, the PDA requires employers to treat pregnant women and those with related medical conditions in the same way that they would treat other job applicants and employees with similar limitations and abilities to work. This means that if a pregnant woman is able to work and continue with her normal job duties, she should be able to do so. Forcing a pregnant employee to reduce her work load or take time off, even if it is well-intentioned is still a violation of the PDA. This is an important point worth repeating. Treating a pregnant employee different than others even when you think you are doing so in their best interest is still a violation of federal law.
Helping Employers Comply with Federal Employment Regulations.
At Tand & Associates, P.C., we are he to make sure you as an employer are in compliance with all relevant legislation including the Pregnancy Discrimination Act. The best way to avoid any complaints later on is to work towards a full understanding of the PDA and its requirements sooner rather than later. Our attorneys are well-versed in this area of law and will help you avoid PDA related employment issues indefinitely. Contact our office today.