Title VII of the Civil Rights Act of 1964 and Nevada law both prohibit workplace discrimination based on an employee’s sex. In 1978, Title VII was amended to enact the Pregnancy Discrimination Act (PDA), which specifically provides protections women from discrimination based on being pregnant, childbirth, or related medical conditions.
This law is extremely important to protect opportunities for women of childbearing age in the workplace. However, the law does not always stop employers from discriminating against pregnant women or making their lives difficult at work. One way a woman’s employment can be affected is if she works in an environment that has become hostile due to discrimination and/or harassment.
Pregnancy discrimination and harassment are unlawful and employees who prove that a hostile work environment was allowed to persist have important legal rights. The experienced legal team at HKM Employment Attorneys in Las Vegas works to protect your rights as an employee and to ensure you receive the financial recovery you deserve for your losses. Call today to discuss a possible claim.
Pregnancy Discrimination and Harassment
Pregnancy discrimination can occur in many ways, including the following, among others:
- Refusal to hire or promote a woman because she is pregnant or may become pregnant;
- Demoting or terminating a woman based on a pregnancy or childbirth;
- Refusing to grant leave or sick time to pregnant women when such leave is granted to employees with other medical conditions;
- Retaliation for taking Family and Medical Leave;
- Harassment based on pregnancy or childbirth.
Harassment claims may be difficult because they require an employee to prove they worked in a hostile environment because of the harassing behavior. The following is some additional information about how pregnancy discrimination can give rise to this type of claim.
When Pregnancy Discrimination Creates a Hostile Work Environment
Many pregnant women can experience inappropriate comments because they are pregnant. Isolated comments are generally not enough to constitute illegal harassment, unless the comment is severely offensive. Instead, comments or other offensive acts have to be pervasive or offensive enough to create a hostile work environment.
If harassment is creating a hostile work environment for a pregnant woman or if it is interfering with her ability to perform her job, an employer who learns of the harassment should take steps to make the harassment stop. If the hostile work environment continues or if an employer retaliates against a pregnant woman for complaining of harassment, she has the right to seek damages for the harm she suffered. Such harm can include back pay if she had to leave her job to escape the hostility, as well as the compensation for the emotional harm caused.
Contact a Nevada Pregnancy Discrimination Lawyer to Discuss Your Situation Today
Pregnant women or women who have given birth deserve every protection of the law, including the right to work free from discrimination and harassment. If you believe that you have been the victim of pregnancy discrimination or a hostile work environment, you should not delay in calling the Las Vegas office of HKM Employment Attorneys for help. Call today at 702-625-3893.