This Friday, Oct. 31, may mark the 36th anniversary of the Pregnancy Discrimination Act. But discrimination in the workplace based on pregnancy and family status hasn’t ended, and the victims of that discrimination often don’t know their rights, or where to turn if they think those rights have been violated. When Angelica Valencia’s doctor said “no overtime” for her during her pregnancy, her employer, despite a note from that doctor, said no job.
In New York City, under the Pregnant Workers Fairness Act, employers must accommodate reasonable requests, and must also inform workers of their rights under the statute. Ms. Valencia’s employer did neither. It wasn’t until she sought legal advice (and her story was covered in the New York Times’ This Working Life column) that she was reinstated in the job she so badly needs to keep her soon-to-be-larger family afloat.
For women everywhere, the laws surrounding pregnancy discrimination can be confusing. The specifics vary by state and locality (the accommodation required in New York City is not required everywhere), and few women need to know them until they really need to know them.
That is why A Better Balance, a legal advocacy group and authority on work-family policy, has just started babygate.abetterbalance.org. The site breaks down pregnancy and parenting laws in an easy-to-use, state-by-state guide, answering questions like “can you get fired for morning sickness?” and “are you legally entitled to a break so you can pump breast milk?” It also provides a phone number for residents of New York, New Jersey, Tennessee, Kentucky, Alabama or Mississippi to call for free advice and counseling (and resources in other states).
Read more on pregnancy in the workplace on Motherlode: When You’re the First Pregnant Woman at Your Company; New York City Passes Law Defending Rights of Pregnant Workers; Protection for Pregnant Workers and Pregnant and Unemployed.