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Pregnancy discrimination is not new and it happens frequently in New Hampshire. According to the New Hampshire Commission for Human Rights, the state agency that investigates discrimination claims, pregnancy discrimination is one of the most common types of unlawful employment discrimination.
What Is Pregnancy Discrimination?
Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Pregnancy discrimination can range from losing your job to harassing a pregnant woman or putting her on a less desirable shift or assigning her different work.
Pregnancy-related protections include:
HIRING
An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition or because of the prejudices of co-workers, clients, or customers.
PREGNANCY AND MATERNITY LEAVE
An employer may not single out pregnancy-related conditions for special procedures to determine an employee’s ability to work.
If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee.
Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.
HEALTH INSURANCE
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.
FRINGE BENEFITS
If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions.
Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
If you have been victimized by pregnancy discrimination on the job, our pregnancy discrimination lawyers will fight to protect your rights. Many lawyers claim to have employment law experience. Also, some law firms try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.
We understand the sensitive and difficult nature of these cases and the emotional upset caused by the discrimination. We are dedicated to providing victims of pregnancy discrimination with dignity and respect. For many reasons it can be difficult for victims to decide to report the discrimination and pursue their legal claims. Time is of the essence because pregnancy discrimination cases have strict time limits in order to pursue such claims.
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