Federal and state laws protect women from the risk of losing a job as a result of having a child. The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit workplace discrimination on the basis of pregnancy.
Simply stated, an employer may not terminate an employee or refuse to hire a person because of her pregnancy. By law, there are a number of other responsibilities on the part of employers as it relates to pregnancy:
- A pregnant worker cannot be forced to take a leave of absence as long as she can perform her job.
- A pregnant worker must be given the same health, disability and sick leave benefits as any other employee who has a medical condition.
- A woman who takes a leave of absence due to pregnancy and child birth must have her position at work held open for the same length of time that jobs are held open for employees on sick or disability leave.
- Unmarried pregnant women must receive the same benefits as married pregnant women.
In addition, the Louisiana Employment Discrimination Law requires employers to provide unpaid leave of absence not to exceed four months to employees who are disabled due to pregnancy, childbirth or related medical conditions. The requirements regarding pregnancy discrimination stipulated in this act cover employers with more than 25 employees for 20 or more weeks within the current or preceding calendar years.
An Experienced Employment Law Attorney Who Doesn't Back Down
At the law office of Robert B. Landry III PLC, in Baton Rouge, we protect the rights of individuals who are victims of workplace discrimination, including any wrongdoing by an employer as a result of an employee being pregnant.
Attorney Landry understands the protections provided to workers by federal and state laws. He uses his experience working with clients on employment law matters and his knowledge of the approach taken in these cases by "the other side" to build strong cases for employees.
Our law firm seeks the full amount of compensation and penalties in discrimination cases that is allowed by law. We often reach agreement without the need to litigate, but if a fair agreement cannot be reached, we are always prepared to advocate aggressively in court for our clients.
Meet With Us to Get Your Questions Answered
Dads are guaranteed unpaid time away from work following the birth of a child under guidelines of the Family and Medical Leave Act (FMLA). Contact us if you have been unfairly treated by your employer as a result of you or your partner giving birth.
If you have questions regarding actions taken by an employer in regard to pregnancy, call us or use our online contact form to schedule a meeting. An experienced employment law lawyer will review the facts of your case and recommend the best course of action.
We work with clients in Baton Rouge, New Orleans, Lafayette, and throughout central and south Louisiana.