Being pregnant is difficult enough but being unfairly treated while pregnant is twice as hard.

In a recent case involving a female employee, the Equal Employment Opportunity Commission (EEOC) charged her employer, a Washington DC-based government contractor, with violations of the Pregnancy Discrimination Act (PDA), an amendment to Title VII of the Civil Rights Act (1964) and the Americans with Disabilities Act (ADA) for unfair treatment of its pregnant employees.

The lawsuit was filed after the federal agency found that violations were committed when the company promulgated its corporate maternity policy, which imposed greater burdens on pregnant women than those imposed on other employees who have similar abilities. According to the EEOC, the company violated these federal laws because it enforced and mandated in its policy the suspension of pregnant women unless they submit a medical release and required them to submit to mandatory medical examinations that are not job-related or consistent with business needs.

Based on the lawsuit, the following specific unlawful acts were committed against the victim:

• The employee was suspended and repeatedly forced to obtain “fitness for duty” clearances
• The employee was harassed and subjected to unwelcome remarks
• The employee was threatened with termination

Further, the employee was denied maternity leave and refused admission to return to work despite having a medical clearance after giving birth. Worst of all, she was subjected to scrutiny and discipline in retaliation for complaining about the discrimination acts and the unlawful medical examinations.

Under both federal and state laws, discrimination and other unfair workplace treatment of pregnant women are illegal and have corresponding penalties. It seems unimaginable to think that some employers would

If you are a pregnancy discrimination victim or a victim of other discriminatory acts based on age, gender, religion, disability, national origin or race, you can consult with our expert Los Angeles employment and labor law attorneys. Call us at 1-866-325-4529 or email us at info@mesriani.com for a free case analysis.

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What’s the price for pregnancy discrimination?

Quite a huge sum actually the Equal Employment Opportunity Commission has obtained $16.8 million worth of monetary benefits from pregnancy discrimination charges in 2009 alone.

Recently, Brandi Cochran, a former model for the long-time running game show “The Price Is Right” has sued the show for pregnancy discrimination.

In her lawsuit, Cochran claimed that as far back as 2007, she experienced harassment and stress over her pregnancy – when she suffered a miscarriage, a producer allegedly told her that it was nature’s way of getting rid of a bad baby.

When she became pregnant with twins again in 2008, a producer reacted negatively to the news and that another producer made a derogatory comment about a “wide load coming through” when she walked past.

She eventually lost her job after experiencing complications from her pregnancy and had to be on disability.

Under the law, employers are prohibited from treating women less favorably (harassment and termination) because of pregnancy, childbirth, or related medical conditions. Likewise, a pregnant employee who is unable to perform her jobs because of her condition should be treated the same as a temporarily disabled employee.

However, harassment and discrimination still continue to persist against pregnant employees. All too often, employers see them as a “liability” because of their condition despite the fact that pregnancy is as natural and biological as one’s skin color, disability and gender.

Pregnancy harassment in the workplace is any physical, verbal, or written conduct that is unwelcome and offensive. Examples include demeaning comments, offensive jokes or gestures, pictures or sketches that related to pregnancy which can create a hostile work environment.

Pregnant employees who are discriminated and harassed on the basis of their condition have a right to file a complaint against an employer who has made her work conditions adverse or at the worst case scenario, fired her because of her pregnancy.

However, it should be noted that there are certain requirements in filing a pregnancy discrimination lawsuit. Legal experts, particularly employment lawyers should be consulted first before filing a claim to serve as a guide through the whole process.

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