Asian Journal- The Filipino-American Community Newspaper

Q: I HAVE a friend who is pregnant and is currently employed. My pregnant friend told me that she is afraid that she is going to be fired because she is pregnant. She said that employers do not want pregnant employees working for them. This worries me because I’m trying to look for a job and I have just found out that I am also pregnant. How can my friend and I protect ourselves from unfair treatment?

A. Both state and federal laws prohibit pregnancy discrimination. Pregnancy discrimination is defined as discrimination on the basis of pregnancy, childbirth, and related medical conditions. The protections against pregnancy discrimination apply to decisions regarding hiring and firing as well as decisions concerning compensation, terms, conditions, and privileges of employment. Pregnancy discrimination may be demonstrated by any or all of the following actions by an employer:

– refusing to hire or employ a pregnant applicant;

– refusing to select an applicant or employee for a training program leading to employment or promotion;

– refusing to promote or transfer an eligible pregnant employee;

– firing or demoting a pregnant employee;

– refusing to provide health benefits for pregnancy if the employer provides such benefits for other temporary disabilities;

– harassing an applicant or employee because of pregnancy;

– retaliating against an employee because of pregnancy or because the employee has exercised her right to take a pregnancy disability leave or transfer;

– refusing to accommodate an employee who is temporarily disabled by pregnancy to the same extent that other temporarily disabled employees are accommodated;

– refusing to grant an employee disabled by pregnancy a disability leave;

– denying the same or a similar job to a pregnant employee when she returns from a pregnancy-related leave;

– treating a pregnant employee differently than other temporarily disabled employees.

Under the law, pregnancy (and all its related medical conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth) is considered a temporary disability. The employer must therefore give pregnant employees the same treatment and benefits that it gives to employees with other temporary disabilities.