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.