Pregnancy Discrimination Protections Are Broader than Many Employees (and Employers) Realize

Pregnant workers in Maryland have clear rights under state and federal law. These include the right to be free from all forms of pregnancy-related discrimination. However, the state and federal pregnancy discrimination protections are broader than many employees (and employers) realize. For example, not only do they apply to pregnant workers, but they also apply to workers who are trying to become pregnant and those who have recently been pregnant as well. Learn more from an experienced Maryland employment lawyer.

Protection Against Pregnancy Discrimination

The primary pregnancy-related anti-discrimination protections for workers in Maryland exist under the federal Pregnancy Discrimination Act (which is an amendment to Title VII of the Civil Rights Act of 1964) and Section 20-602 of the Annotated Code of Maryland. Both of these laws apply to employers with 15 or more employees.

Under the Pregnancy Discrimination Act and Section 20-602, pregnancy-related discrimination is prohibited as a form of sex-based discrimination. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, under the Pregnancy Discrimination Act, covered employers are prohibited from discriminating against employees (and job applicants) on the basis of:

• Current pregnancy
• Past pregnancy
• Potential pregnancy
• Medical conditions related to pregnancy or childbirth
• Breastfeeding
• Choosing to have (or not to have) an abortion
• Choosing to take (or not to take) birth control

The prohibitions under Section 20-602 are similar. Harassment on any of these pregnancy-related bases is prohibited as well, and under Maryland law, employees can file harassment claims even if they work for a company that has fewer than 15 employees.

Pregnancy-related discrimination can take many different forms. For example, if an employer takes any of the following adverse employment actions based on any of the pregnancy-related circumstances or conditions listed above, a discrimination claim may be warranted:

• Termination of employment
• Reassignment
• Relocation
• Termination of intangible benefits (i.e., the ability to work remotely)
• Pay decrease or demotion
• Denial of a pay raise or promotion
• Denial of other job opportunities or benefits

If you believe that you are a victim of any form of pregnancy-related discrimination or harassment, you should speak with an experienced Maryland employment lawyer about your legal rights. If you are a victim, you may be entitled to various remedies—including job reinstatement or placement, back pay with interest, and additional compensatory damages.

Right to Reasonable Accommodations

Along with the pregnancy-related protections afforded under the Pregnancy Discrimination Act and Section 20-602, employees in Maryland also have the right to reasonable accommodations for pregnancy-related conditions. Under the federal Pregnant Workers Fairness Act, covered employers must provide reasonable accommodations for “known limitation[s] related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.”

Similarly, under Section 20-609 of the Annotated Code of Maryland, “[i]f you have a disability that is contributed to or caused by pregnancy, you may request a reasonable accommodation at work . . . [and y]our employer must explore ‘all possible means of providing the reasonable accommodation.’” Some examples of possible pregnancy-related accommodations include:

• Altered job duties
• Altered work hours
• A more supportive chair
• Other workspace modifications for comfort or support
• Relocation
• Remote work
• Temporary leave

Employers must consider workers’ requests for reasonable accommodations in good faith on a case-by-case basis. Failure or refusal to provide a reasonable accommodation is also considered a form of pregnancy-based discrimination. Here, too, if you believe your employer has violated your legal rights, you will want to talk to an experienced Maryland employment lawyer about the options you have available.

Time Off for Pregnancy

Workers who are covered under the Family and Medical Leave Act (FMLA) are also entitled to time off from work for pregnancy and pregnancy-related conditions. While leave under the FMLA is unpaid, it is “job-protected,” meaning that your employer cannot fire you (or take other adverse employment action against you) based on your decision to take FMLA leave before, during, or after your pregnancy. Unfortunately, many employers are not fully aware of the protections the FMLA provides (or the other protections discussed above)—and, as a result, many employees find themselves needing to take action to assert their legal rights.

Discuss Your Legal Rights with an Experienced Maryland Employment Lawyer in Confidence

Do you need to know more about your pregnancy-related rights as an employee in Maryland? If so, we strongly encourage you to get in touch. To schedule a confidential consultation with an experienced Maryland employment lawyer, please call 410-514-6099 or contact us online today.