San Antonio employment lawyer Rob Wiley represents employees who have been discriminated against because of pregnancy. Both the federal Pregnancy Discrimination Act and the Texas Labor Code prohibit discrimination based on pregnancy, childbirth, and related medical conditions.
It is against the law for an employer to treat an employee differently because she is pregnant or to consider pregnancy in hiring. If you are pregnant, but still able to perform your job, you must be allowed to do so. An employer may not have a rule prohibiting an employee who has given birth to stay out of work for a predetermined time after childbirth.
An employer must give the same health and fringe benefits to a pregnant employee as the employer does to any other temporarily disabled employee. Employers must also provide the same level of health benefits to the spouses of male employees as to the spouses of female employees.
Pregnancy discrimination is also prohibited by gender discrimination laws. For more information about gender discrimination, visit our gender discrimination web site.
San Antonio employment lawyer Rob Wiley also represents pregnant employees who are discriminated against because of maternity or paternity leave. Maternity and paternity leave are protected under the Family and Medical Leave Act (FMLA). The FMLA entitles an employee to 12 weeks of leave for the birth of a child or the adoption of a child.
As with other unlawful discrimination, retaliation based on an employee’s opposition to pregnancy discrimination is also prohibited by both federal and state law.
If you believe that you have been discriminated against in the workplace because of pregnancy, please contact San Antonio employment lawyer Rob Wiley.
