Pregnancy Discrimination & Harassment
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits--such as leave and health insurance--and any other term or condition of employment.
Pregnancy Discrimination & Temporary Disability
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.
Pregnancy, Maternity, & Parental Leave
Under the Law against Discrimination, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same. Further, under federal and state family medical leave laws, a new parent (including foster and adoptive parents) may be eligible for leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child.
Pregnant employees may have additional right under the family medical leave laws. Additionally, nursing mothers may also have the right to express milk in the workplace.