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What is Pregnancy Discrimination?

Federal law prohibits an employer from refusing to hire a pregnant woman because she is pregnant or because of a condition related to her pregnancy. An employer may also not use pregnancy as the basis for a decision to fire, transfer, layoff, alter the job assignment of, or make promotion and training decisions with regard to a an employee. In addition, under the Family and Medical Leave Act, certain employers must grant 12 weeks of unpaid leave in the year after childbirth and must hold the employee's job open while she is on leave. The employer must allow her to return to the same or similar position with the same benefits she enjoyed before leave.

If a pregnant employee is able to perform her job, she must be permitted to do so. A problem pregnancy (and even the employee's condition after childbirth) can qualify as a temporary disability under the Americans with Disabilities Act. If, as a result of a problem pregnancy, an employee is unable to perform her job during or after her pregnancy, the employer must make the same reasonable accommodation for the disability as would be the case with any other disabled employee. An employer may modify tasks, assign alternate tasks, or permit disability leave or leave without pay.

In New York City, pregnancy itself is considered a disability under the Human Rights Law, and businesses with more than four employees must make reasonable accommodations for their pregnant employees.

How do I know if I'm a victim of pregnancy discrimination?

I think I'm a victim of pregnancy discrimination

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