5 legal rights at work all pregnant working women should know
TRANSCRIPT
YOUR WORKPLACE RIGHTS
5 Legal Rights of Pregnant Women At Work
What Is Asbestos?
Federal Laws Protecting Pregnant Employees?
Federal Laws
PDA(Pregnancy
Discrimination Act)
FMLA(Family and
Medical Leave Act)
Note: the laws of your state may give you additional rights
• prohibits from discriminating against employees on the basis of sex
• includes pregnancy, childbirth, and related medical conditions
The Pregnancy Discrimination Act:
• requires employers to provide up to 12 weeks of leave each year for family / medical reasons
The Family and Medical Leave Act:
• the employer has to have 50 or more employees who work within 75 miles of the employees’ worksite
The Family and Medical Leave Act:
• the employee must have worked for the employer for at least 12 months (or at least 1,250 hours during the 12-month period)
The Family and Medical Leave Act:
What Is Asbestos?
How Often Do Pregnant Employees File a Claim?
Richard Celler Legal, P.A.
What Is Asbestos?
Source: EEOC.gov
3,000
3,100
3,200
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
2010 2011 2012 2013 2014 2015
Pregnancy Discrimination Receipts
What Is Asbestos?Comparing Pregnancy and NonpregnancyGender-Based Firing Discrimination Cases
40%
60%
Percentage of Firing Cases (Gender-Based Firing)Pregnancy Nonpregnancy
Source: “Relation Power, Legitimation, and Pregnancy Discrimination”
What Is Asbestos?
Any Resolutions?
What Is Asbestos?
Source: EEOC.gov
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
Settlements Withdrawalsw/Benefits
No ReasonableCause
ReasonableCause
SucceessfulConciliations
UnsecceessfulConciliations
MeritResolutions
AdministrativeClosures
Pregnancy Discrimination: Resolutions By Type (2015)
What Is Asbestos?
Source: EEOC.gov
$0.00
$2.00
$4.00
$6.00
$8.00
$10.00
$12.00
$14.00
$16.00
$18.00
2010 2011 2012 2013 2014 2015
Pregnancy Discrimination: Monetary Benefits (Millions)
What Is Asbestos?
Where Does Pregnancy Discrimination Happen More
Often?
What Is Asbestos?
Source: “Relation Power, Legitimation, and Pregnancy Discrimination”
% female employees in the establishment
$ of small employers (less than 50)
% female in the occupation
%manufacturing job sector
% low-wage service job sector
% high-wage service job sector
% government job sector
Pregnancy 58.6% 50% 64.4% 21.1% 45.1% 31.0% 0%
Nonpregnancy
47.2% 40% 54.1% 29.6% 39.8% 17.0% 11.1%
Job Characteristics (Gender-Based Firing)
What Is Asbestos?
What’s The Most Common Employer's Justification?
• poor performance• poor attendance• voluntarily quit• meritocratic policy• financial concern• insubordination• deny charge / challenge jurisdiction
Employer’s justification:
Source: “Relation Power, Legitimation, and Pregnancy Discrimination”
What Is Asbestos?
What Rights Do Pregnant Employee Have and Should
Know About?
Richard Celler Legal, P.A.
What Is Asbestos?
Right #1
What Is Asbestos?
Nondiscrimination in Hiring
What Is Asbestos?
An employer may not refuse to hire an applicant because she is pregnant (or
plans to become pregnant)
Richard Celler Legal, P.A.
What Is Asbestos?
Note: Be aware of illegal interview questions.
• current pregnancy status• future childbearing plans• ability to reproduce• marital plans / status• number or ages of children and
dependents • etc.
They often include such information:
What Is Asbestos?
Right #2
What Is Asbestos?
Continued Employment
What Is Asbestos?
An employer may not fire or discharge an employee because of her pregnancy
Have Your Rights Been Violated? Want To Know What Damages You May Be Entitled? Ask (FREE) Here: http://www.floridaovertimelawyer.com/law-protects-pregnant-employees/
What Is Asbestos?
Note: Your job should be protected for up to 12 weeks. The FMLA allows you to have the right to the same job (or a job with equal pay and benefits after you come back to work).
Side note: see the FMLA conditions above
What Is Asbestos?
Right #3
What Is Asbestos?
Reasonable Maternity Leave
What Is Asbestos?
You are entitled to a reasonable leave of absence for temporary disabilities
(for example: childbirth and related medical conditions)
What Is Asbestos?
Note: Reasonable leave is determined case by case based upon the ability of the employee to perform the job.
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What Is Asbestos?
Right #4
What Is Asbestos?
Use of Accrued Benefits and Leave Time
What Is Asbestos?
Any disability benefits, sick leave, vacation time, annual leave accrued are entitled to be used by workers pursuant to plans maintained by the employer for
your maternity leave
What Is Asbestos?
Note: If the employer maintains no such plans / benefits, the employee is entitled to maternity leave without pay.
What Is Asbestos?
Right #5
What Is Asbestos?
Equal Treatment in Employee Benefit Plans
What Is Asbestos?
All benefits provided to temporarily disabled employees must be provided to
pregnant employees.
What Is Asbestos?
What About Breastfeeding Legislation?
What Is Asbestos?According to a small survey on breastfeeding
Source: http://www.pamf.org/babes/outcomes.html
What Is Asbestos?
• it’s not covered under federal law• but some states do protect a
mother’s right to breastfeed at job sites (and other public places)
Breastfeeding legislation:
What Is Asbestos?
LEARN MORE ABOUT YOUR RIGHTS AS A PREGNANT WOMAN IN A WORKPLACE
“We Protect Your Rights in the Workplace,So You Can Focus on Protecting Your Family”
http://www.floridaovertimelawyer.com
(866)[email protected]
Richard Celler Legal, P.A.
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Phone: 954-903-7475
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