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What is pregnancy discrimination in the workplace?

Posted on January 5, 2023 by Author

Table of Contents

  • 1 What is pregnancy discrimination in the workplace?
  • 2 Is it unlawful to discriminate against a woman because she is pregnant?
  • 3 Does being pregnant count as a medical condition?
  • 4 Do I have to tell my employer Im pregnant?
  • 5 When should an employer do a pregnancy risk assessment?

What is pregnancy discrimination in the workplace?

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Is it unlawful to discriminate against a woman because she is pregnant?

Discrimination which is against the Equality Act is unlawful. This means you can take action in the civil courts. Pregnancy and maternity discrimination is when you’re treated unfairly because you’re pregnant, breastfeeding or because you’ve recently given birth.

How do you prove pregnancy discrimination in the workplace?

Put simply, proving pregnancy discrimination requires you to prove that you suffered an “adverse employment action”—some tangible harm, such as having your hours or pay cut, being demoted, being denied a promotion, terminated, etc. —because of your pregnancy.

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Does being pregnant count as a medical condition?

According to Healthcare.gov, pregnancy is not considered a pre-existing condition. So if you were pregnant at the time that you applied for new health coverage: You can’t be denied coverage due to your pregnancy. You can’t be charged a higher premium because of your pregnancy.

Do I have to tell my employer Im pregnant?

No, you are not legally required to tell your employer that you’re pregnant as soon as you know about it or at any particular point in your pregnancy. Most employees keep their condition to themselves until they are at least through the first trimester.

Can employer fire you when pregnant?

Put differently, your pregnancy is not an absolute guarantee that you’ll keep your job. However, pregnancy discrimination is alive and well–and your employer cannot terminate you because of your pregnancy. Pregnancy discrimination laws ban employers from using pregnancy as a “motivating reason” to terminate you.

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When should an employer do a pregnancy risk assessment?

An initial pregnancy risk assessment should be completed once the employee informs her employer that she is pregnant, with written notification of pregnancy. The first review should be completed on the second trimester (3-6 months) or earlier if required.

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