Pregnancy and Nursing Mother Discrimination

In Col­orado, dis­crim­i­na­tion in the work­place because you are preg­nant or nurs­ing your baby is unlaw­ful. Start­ing or expand­ing a fam­ily with the birth of a child can be the hap­pi­est moments on one’s life. Unfor­tu­nately, preg­nancy dis­crim­i­na­tion by employ­ers adds unnec­es­sary stres­sors and can act to ruin an oth­er­wise per­fect time in a woman’s life. It is impor­tant for expec­tant and nurs­ing moth­ers to know and under­stand their anti-discrimination rights. Title VII makes it unlaw­ful for an employer to dis­crim­i­nate against any indi­vid­ual with respect to the com­pen­sa­tion, terms, con­di­tions, or priv­i­leges of employ­ment on the basis of sex. In 1978, Con­gress expanded the def­i­n­i­tion of what con­sti­tutes dis­crim­i­na­tion “on the basis of sex” by amend­ing Title VII to include the Preg­nancy Dis­crim­i­na­tion Act (PDA), which pro­hibits employ­ers from dis­crim­i­nat­ing against employ­ees “on the basis of preg­nancy, child­birth, or related med­ical con­di­tions.” Your employer may be required to pro­vide tem­po­rary accom­mo­da­tions to you because of your preg­nancy, includ­ing pro­vid­ing light duty, alter­na­tive assign­ments, short– and long-term dis­abil­ity leave or unpaid leave.

Preg­nancy Dis­crim­i­na­tion in the Workplace

At Rathod | Mohamedb­hai LLC, our team of trial attor­neys under­stand the law asso­ci­ated with work­place dis­crim­i­na­tion based on preg­nancy, child­birth and nurs­ing. Dis­crim­i­na­tion based on phys­i­cal con­di­tions asso­ci­ated with preg­nancy may be pro­tected by the Amer­i­cans with Dis­abil­i­ties Act (ADA). It is unlaw­ful to harass or sin­gle out a woman because of her preg­nancy or child­birth. The PDA pro­hibits employ­ers from dis­crim­i­nat­ing against employ­ees on the basis of med­ical con­di­tions related to preg­nancy that occur after the actual preg­nancy. How­ever, the PDA may not afford you pro­tec­tions when child-rearing choices inter­fere with require­ments of the job. In order to have some pro­tec­tions based on preg­nancy sta­tus, often a woman must show that she suf­fers a med­ical con­di­tion related to her preg­nancy. After thor­oughly ana­lyz­ing your sit­u­a­tion, we will enforce your rights pur­suant to local, state and fed­eral laws against dis­crim­i­na­tion in the workplace.

Employ­ment Law and Dis­crim­i­na­tion Attor­neys Pro­tect­ing the Right to Breast-Feed and Nurs­ing Moth­ers in the Workplace

The ques­tion of whether lac­tat­ing moth­ers are a pro­tected class under fed­eral law is com­pli­cated and likely to be con­tested by your employer. Title VII’s pro­tec­tions for women who wish to engage in breast-pumping in the work­place is sim­i­larly unset­tled. For­tu­nately, Colorado’s laws have attempted to rec­og­nize the med­ical impor­tance of breast-feeding and have encour­aged the removal of soci­etal bound­aries placed on breast-feeding in pub­lic and the work­place. Under state law, your employer may be required to pro­vide work­place accom­mo­da­tions for nurs­ing moth­ers, such as break times to allow for the expres­sion of breast milk for up to two years after your child’s birth. Addi­tion­ally, your employer may be required under state law to pro­vide a sep­a­rate room or other loca­tion in close prox­im­ity to your work area, other than a toi­let stall, to express breast milk with pri­vacy. An employee who is nurs­ing and wishes to enforce her rights against work­place dis­crim­i­na­tion may be required to engage in non­bind­ing medi­a­tion before going to court.

Con­tact Our Col­orado Preg­nancy Dis­crim­i­na­tion Attorneys

Call 303–578-4400 or fill out our online form to con­tact our law firm and dis­cuss your case with our expe­ri­enced trial lawyers.