Beth Golub Quoted in Law Office Administrator

In the article "Pregnancy too can be a source of claims of job discrimination" in the June issue of Law Office Administrator, Beth advises that an employee's pregnancy is a time of caution for an employer because employees are very attuned to their rights. Protection comes from the Pregnancy Discrimination Act (PDA), an amendment to title VII of the Civil Rights Act which applies to offices with 15 or more employees. The PDA states that an employer can't discriminate on the basis of pregnancy, childbirth, or related medical conditions. Jobs have to remain open, individuals can return with the same position and pay, harassment is forbidden and it retaliation is prohibited against anyone who complains about discrimination or harassment. Beth suggests that employers pay attention to state laws as well since many states provide greater protection, and when state law is more stringent, it trumps the federal law. She also points out that with pregnancy, the Family and Medical Leave Act comes into play because it allows leave for childbirth and adoption.

An important point administrators need to remember, Beth notes, is that pregnancy must be treated as a temporary impairment or disability. She counsels that employers should be careful what they say about someone's pregnancy and will provide whatever assistance is required by law. Ask the employee to advise if she needs assistance making no assumptions about what the person can or can't do. Finally, an employer can't ask if the mother will continue working after the birth but can ask if she will take leave which it is not a personal question but an appropriate business-related concern.