Discrimination affects people of all ages, races, genders, and religions. It can even affect you if you are employed, or are looking for a job, and you are pregnant. Fortunately, there are state and federal laws that address the problems associated with pregnancy discrimination. But, you'll understand what your rights are and how you can make sure they are upheld.
Discrimination against mothers to be isn't new at all to our society. That's why the Civil Rights Act of 1964 included a section that pertains to pregnant employees. Basically, the section says that if you work for a company that hires at least fifteen employees, your employer cannot order an employee to quit because she is pregnant. Nor can your employer fire a woman for being pregnant.
Being that she's a mother to be is no legal excuse not to hire a prospective female applicant too. And, an employer cannot, by law, allow a maternity leave to interfere with a woman's years of service record in any way. That is, it cannot be counted against here.
The Civil Rights Act of 1964 even goes as far as to state that a woman who has had an abortion cannot be not hired for that reason. Nor can a current employee be let go because she had an abortion.
While you are an employee and are pregnant, if you are unable to perform your regular job because of your pregnancy, then your employer must offer you a light duty job. This job should be temporary until you are able to resume your regular duty.
In 1993, a new act, called the Family and Medical Leave Act, was put into effect. This law says that if your healthcare provider states that you cannot work at any time during your pregnancy, then your employer must allow you to take time off from work. This time is limited to twelve weeks and it is without pay.
You are also able to, by law, take off time to have your baby, adopt a baby or child, or take care of a sick child that belongs to you.
Under the Family and Medical Leave Act, your employer must hold your job for you while you are taking this pregnancy - related time off. Your regular pay and benefits cannot be reduced or canceled while you are on leave too.
But, you must have been employed at the same place for at least twelve calendar months. And, you must have worked at least twelve hundred and fifty hours to be covered under this new act.
State laws vary, so be sure to check the laws in your state that protect pregnant women who are employed.
If you think that you are being discriminated against because you're going to have a baby, you should jot down detailed instances. That is, anytime that you feel your employer has discriminated against you, then write down the dates, times, places, names, and the details of what happened. You can then file your grievance with the United States Equal Employment Opportunity Commission (EEOC).
If you are a member of a union through your job, you can also contact your union representative to see if you can file a grievance.
Tidak ada komentar:
Posting Komentar