Maternity Discrimination: Understanding Your Rights and How to Take Action
Welcoming a child into the world should be one of the happiest times in a person’s life. Unfortunately, for many, this period can also bring challenges in the workplace, particularly when faced with maternity discrimination. Despite legal protections, discrimination during pregnancy and after childbirth remains a reality for many.
At Stockwell Law Firm, we believe that no one should face unfair treatment for starting a family. In this post, we’ll explain what maternity discrimination is, your rights under federal and Washington state law, and the steps you can take if you believe you've been discriminated against.
What Is Maternity Discrimination?
Maternity discrimination occurs when an employer treats a pregnant employee or an employee who has recently given birth unfairly. This can include being passed over for promotions, being denied necessary accommodations, losing a job due to pregnancy or maternity leave, or facing retaliation, such as a demotion, upon returning from leave.
It is illegal for an employer to discriminate based on pregnancy, childbirth, or related medical conditions. However, despite these protections, many still face unfair treatment.
Understanding Your Legal Protections Under Federal and Washington State Law
Federal law, specifically the Pregnancy Discrimination Act (PDA) of 1978, prohibits discrimination on the basis of pregnancy in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and other terms or conditions of employment. The Family and Medical Leave Act (FMLA) also provides up to 12 weeks of unpaid, job-protected leave for eligible employees to care for a newborn or recently adopted child.
Washington state offers additional protections for pregnant workers through several laws:
Washington Law Against Discrimination (WLAD): This state law makes it illegal for employers to discriminate against employees based on pregnancy, childbirth, or related medical conditions. WLAD applies to employers with eight or more employees and protects pregnant employees from termination, demotion, and other discriminatory actions.
Washington Family Leave Act (FLA): The Washington FLA provides family leave protections beyond the federal FMLA, allowing eligible employees to take up to 12 weeks of unpaid leave for the birth or adoption of a child. In some cases, it can extend leave when combined with FMLA.
Washington Paid Family and Medical Leave (PFML): Since January 2020, Washington’s PFML program allows eligible employees to take up to 12 weeks of paid leave for pregnancy, childbirth, or bonding with a new child. If there are pregnancy complications, employees may be entitled to 16-18 weeks of leave.
The federal Pregnant Workers Fairness Act and Washington's Healthy Starts Act laws mandates that employers provide reasonable accommodations for pregnant employees. Examples include more frequent bathroom breaks, seating adjustments, modified work schedules, or temporary transfers to less physically demanding roles. Employers cannot force an employee to take leave if a reasonable accommodation would allow them to continue working.
Stockwell Law Firm Can Help
Starting a family should be a joyful occasion, and no one should have to face discrimination for doing so. At Stockwell Law Firm, we are committed to protecting the rights of employees and holding employers accountable for discriminatory practices.
Whether you’re currently facing discrimination or simply want to understand your rights as an expecting or new parent, we’re here to provide the guidance and support you need. We can assist you in filing complaints, negotiating with your employer, and pursuing legal action if necessary.
Our goal is to ensure that you feel supported and empowered during this challenging time. Contact us today for a free consultation, and let us help you understand your rights and take the next steps toward a fair resolution.
Here is a link to a video clip of a news story with Attorney General Bob Ferguson talking about an intvestigation the AG's office was performing in relation to O'Reilly Auto Parts and the Fair Starts Act:
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