In 1978, the Pregnancy Discrimination Act went into effect to protect women from discrimination at work based on pregnancy, childbirth, any conditions related to pregnancy. Employers should never make any type of hiring or employment decisions based on a woman’s pregnancy, the chance she may become pregnant, recent childbirth, or similar circumstances. Unfortunately, employers can regularly violate these laws and women can suffer financial, professional, and emotional harm as a result.
At the office of HKM Employment Attorneys, our Las Vegas pregnancy discrimination lawyers regularly handle legal cases involving allegations of unlawful discrimination against women. We have the ability and experience to represent either employees bringing claims or employers facing allegations, so please contact our legal team to learn more about how we can assist you.
Pregnancy Discrimination Explained
Forms of Pregnancy Discrimination
Pregnancy discrimination can occur at any stage of the employment process, including the following:
- Application and hiring process;
- Pay and benefits;
- Promotions, raises, and transfers;
- Time off and leave;
An employer should never even inquire about an applicant’s or employee’s current pregnancy status, ability to get pregnant, plans to become pregnant, or any other reason related to pregnancy or having a child. Even if information is available regarding a pregnancy in the workforce, no employment decisions can be based on that information. Pregnancy discrimination can also occur during an employment relationship in the form of harassment or retaliation for an employee complaining of discrimination.
Nevada law also has provisions regarding providing leave benefits equally to pregnant women as to other employees. If a company allows other employees time off – with pay or not – for other types of medical conditions and without other threats to their positions, they must also provide such leave to women before or after childbirth or miscarriage. If they fail to do so, the law gives pregnant women the right to seek damages from their employers. In addition, employers may not retaliate against a woman for using qualified leave time, either under employee benefits or as part of family and medical laws. Our attorneys are here to fight against any type of unlawful discrimination against pregnant women in the workplace.
As with any type of discrimination, there is always the chance that a disgruntled employee may bring false allegations against a company. An employer does have the right to fire an employee when she is pregnant for other qualified reasons – such as lack of productivity, unapproved absences, or violation of company policies. An employer being accused of illegal discrimination should have the case reviewed by a skilled employment lawyer as soon as possible.
Discuss Your Situation With a Las Vegas Pregnancy Discrimination Attorney
The pregnancy discrimination law firm of HKM Employment Attorneys have handled discrimination cases from both sides and have the unique experience and commitment to employment law needed to protect your rights. We have represented women who suffered pregnancy discrimination as well as employers, so please contact our office to discuss your specific situation and how we can help today.