The Columbus pregnancy discrimination lawyers at The Friedmann Firm are dedicated to protecting the rights of expectant mothers. If you are an expectant mother in Ohio, you are protected by the Pregnancy Discrimination Act of 1978, included in Title VII of the Civil Rights Act of 1964 and Ohio laws that prohibit discrimination based on pregnancy. For the Pregnancy Discrimination Act of 1978 to protect you, your employer must have at least 15 employees. If you work for a smaller employer, do not lose hope. Ohio laws protect employees who work for small businesses as well. Ohio anti-discrimination laws related to pregnancy protect you if your employer has four employees.
Title VII protects employees from discrimination based on sex or gender, which includes pregnancy, childbirth and other related conditions. Therefore, you are protected from discrimination by your employer if you are pregnant or suffer from a medical condition related to pregnancy.
Our Columbus pregnancy discrimination attorneys understand that you want to be able to take maternity leave, attend doctor’s appointments and follow-up appointments for your child without feeling any pressure or animosity from your employer. If your employer treats you badly because you are taking time off for maternity leave or to attend appointments, you may have a claim for pregnancy discrimination.
Can My Employer Fire Me While I Have FMLA Leave for Pregnancy?
If you work for an employer that has 50 or more employees in a 75-mile radius, you are also eligible for FMLA leave during and after your pregnancy. Eligible employees may receive up to 12 weeks of leave for the birth of a child. If you request or receive FMLA leave for pregnancy, your employer may not interfere with your right to do so, nor can it retaliate against you for taking FMLA leave for your pregnancy. You can take FMLA leave due to the birth of a child, but also for serious medical conditions you may suffer from during and after your pregnancy. Your FMLA leave will only protect your job for a period of 12 weeks during a 12-month period. Taking FMLA leave protects your job for a period up to 12 weeks, so your employer must return you to the same job or one like it if you return to work within 12 weeks. If you do not return to work within 12 weeks, your employer DOES NOT have to restore you to your position.
If you are unsure if you are eligible for FMLA leave, please visit our blog for more information on who is eligible for FMLA leave: Am I Eligible for FMLA Leave in Ohio? You may also contact one of our Columbus pregnancy discrimination lawyers with any questions.
Discrimination or Retaliation After Returning to Work
You have taken time off from work to have a baby and since your return, you feel as though you are being discriminated against, harassed or retaliated against because of your pregnancy or the leave you took for your pregnancy. If you received disciplinary action or attendance points for taking time off due to pregnancy, it may be retaliation. If you took FMLA leave to have a baby and you return to work to find your job no longer exists, pregnancy discrimination has probably occurred. Call a Columbus pregnancy discrimination lawyer at The Friedmann Firm today.