Illegal Pregnancy Discrimination
In addition to prohibiting discrimination on the basis of sex, the Pregnancy Discrimination Amendment to Title VII of the Civil Rights Act specifically protects pregnant employees from discrimination because of their pregnancy. The Amendment clarifies that illegal discrimination "because of sex" includes discrimination "because of" or "on the basis of" pregnancy.
Employers are required to treat pregnant employees the same as any other employee similar in her or his ability to work. An employer cannot remove an employee from her job assignment because she is pregnant so long as the employee is willing and able to do her job. Pregnant employees, pursuant to Title VII, are entitled to choose for themselves whether to work and in what jobs they wish to work while pregnant.
Attorney Wes Sullenger has argued successfully before an appeals court that removing a pregnant female from her regular job and placing her in a menial position "to protect the employee" violated the law. If you have been harassed, demoted, terminated, or otherwise mistreated because of your pregnancy, call us at (270) 442-4369 to schedule a consultation so we can evaluate your case and discuss what we can do to help you.