Employees are a company’s most important asset. However, 40 plus hours a week can drain any person. So employees are given days off, holiday time, and perhaps paid vacation.
But let’s talk about Mary. No, not Mary Jane. Just Mary. She’s in her mid-20s, single and living her best life. Out of nowhere, at least from the seat of her manager, Mary begins to show signs of pregnancy. Mary’s only source of income is from her job at Penny Pincher Peter, Inc.
Eventually, Mary goes to Peter and says, “I’m pregnant” and he replies “Ok.” Mary then says that she needs a chair so that she can sit down at the cash register while she is pinching all of his pennies. Manager Peter responds that she can pinch pennies faster on her feet, so “No.” Unable to do the job standing on her feet for long periods of time, she’s forced to quit and care for herself and the baby.
This year marks the 40th anniversary of The Pregnancy Discrimination Act of 1978, signed into law by President Jimmy Carter. Under the Act, an employer is prohibited from taking adverse action against an employee because of her pregnancy status. According to the EEOC, the Act forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance.
As with Mary, pregnancy may affect an employee’s ability to perform her normal job duties.
In 2015, The United States Supreme Court expanded workplace rights for pregnant women in a case filed against UPS. The Court held that an employer must provide reasonable accommodations to its pregnant employees, similar to the reasonable accommodations provided to non-pregnant employees with work-related limitations.
Also, under the Americans with Disabilities Act, pregnant employees are entitled to reasonable accommodations, which may include the employer (1) changing your work schedule; (2) assigning your marginal tasks to other employees; or (3) giving you light duty work.
The delivery and birth of the child, or children as the case may be, is perhaps the most special moment of a woman’s life and to enjoy it takes time away from the job. Progressive employers offer paid maternity leave and some states require it by law. Missouri and Kansas do not require employers to offer paid maternity leave.
You be the judge: was Mary treated fairly?
The choice of a lawyer is an important decision and should not be based solely upon advertisements.