For many women in West Virginia and elsewhere, pregnancy is a time of anticipation and excitement. Many women spend the months leading up to the birth of their baby perusing baby names and designing a nursery. Unfortunately, many pregnant woman and new mothers find themselves facing discrimination from their employers or potential employers. Those who have been victims of such discrimination have the option of filing an employment law claim.
Because of the Pregnancy Discrimination Act, employers with 15 or more employees are forbidden to discriminate against a woman who is pregnant or may become pregnant. The law additionally covers issues of childbirth and medical conditions related to a pregnancy. Primarily, an employer must treat an employee who is pregnant in the same manner as a non-pregnant employee with regards to disability, benefits and other issues.
The law sets forth several items regarding how an employee or potential employee who is pregnant or may become pregnant can be treated. Under the law, an employer cannot make decisions related to hiring and promotions based on pregnancy. Additionally, pregnant workers are entitled to the same amount of leave as those with disabilities or other medical issues who may require short-term leave. Employers must also provide the same insurance benefits for pregnancy-related conditions as non-pregnancy. The law provides many other protections as well.
In a perfect world, it would not be necessary to have a law such as this to ensure fair treatment. Unfortunately, even with the Pregnancy Discrimination Act, many woman have still been the victims of discrimination. There is legal recourse available for these people. An experienced attorney in West Virginia can help victims understand their options and file an employment law claim.
Source: FindLaw, "Pregnancy Discrimination in the Workplace", Accessed on April 19, 2016