Pregnancy Discrimination

Pregnancy Discrimination in Employment is Unlawful

Employment discrimination of the basis of pregnancy, childbirth, or related medical conditions is unlawful employment discrimination because of sex.

Murray Law welcomes the opportunity to provide serious and dedicated counsel and representation to persons subjected to employment discrimination based on pregnancy. Steven Murray has successfully represented individuals subjected to sex discrimination and employment discrimination in lawsuits before United States District Courts.

Pregnancy Discrimination Law

The Pregnancy Discrimination Act of 1978 [PDA], a federal law, prohibits discrimination based on pregnancy, childbirth, and related medical conditions. The PDA is an amendment to Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees.

The Colorado Anti-Discrimination Act [CADA] prohibits employment discrimination on the basis of sex, including pregnancy. The CADA applies to employers with one or more employees. The Colorado Pregnant Workers Fairness Act, effective August 10, 2016, amends the CADA−requiring employers to accommodate medical conditions and limitations related to pregnancy that may not qualify as disabilities under the American with Disabilities Act.

An employer may not discriminate against a woman on the basis of pregnancy, childbirth, or related medical conditions, concerning:

  • Failure or Refusal to Hire.

  • Discharge.

  • Terms, conditions or privileges of employment.

  • Posting and advertising of employment positions, recruiting process, interviewing, or selection process.

  • Compensation, wages, or benefits.

  • Promotion, demotion, or job assignments

  • Limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect her status because of pregnancy, childbirth, or related medical conditions.

  • Adverse employment actions based on stereotypes concerning pregnancy, childbirth, or related medical conditions.

  • Discrimination in the application of employer policies and practices, including but not limited to the application of employer leave policies for temporary disabled employees.

  • Denying a person employment opportunities because of pregnancy, based on a person’s associations and relationships with other persons.

  • Denying a person employment opportunities because of stereotypes based on pregnancy, childbirth, or related medical conditions.

Retaliation

An employer may not retaliate against any person by taking an adverse action because the individual engaged in lawfully protected activity under Title VII or the CADA. The law prohibits an employer from retaliating against an individual because the individual opposed any practice believed to be unlawful under the Title VII or the CADA, i.e. filed an informal complaint of pregnancy discrimination with her employer, or participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying or participating in any investigation, litigation, or proceeding under Title VII or the CADA.

Administrative Proceedings

A person seeking relief for sex discrimination based on pregnancy under Title VII or the CADA must file an administrative charge before filing a civil action in court. A charge of sex discrimination must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division within 180 days of the last discriminatory action. The filing of discrimination charge with either agency is deemed jointly filed with both agencies.

Conclusion

Murray Law welcomes the opportunity to discuss your vital employment right to be free from sex discrimination, in the form of pregnancy discrimination, in the workplace. We look forward to meeting with you. Please contact Steven Murray at 720-600-6642.

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