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EEOC Issues New Guidance on Pregnancy Discrimination — Wake County Employment Attorneys


Under the Pregnancy Discrimination Act (“PDA”), an employer cannot fire, refuse to hire, demote, or take any other adverse action against a woman if pregnancy, childbirth, or a related medical condition was a motivating factor in the adverse employment action. The PDA prohibits discrimination with respect to all aspects of employment, including pay, job assignments, promotions, layoffs, training, and fringe benefits (such as leave and health insurance).

While the PDA does not require employers to provide women with physical limitations resulting from pregnancy to take leave, it does prohibit employers from imposing different leave requirements on pregnant employees than on employees who seek leave for other medical conditions.

In addition to the pregnancy protections of the PDA, employees may have rights under other laws, including the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Patient Protection and Affordable Care Act (“PPACA”).

  • Under the PDA an employer cannot discriminate against an employee because of pregnancy.
  • Under the ADA an employer may be required to provide leave as a reasonable accommodation for employees with a pregnancy-related impairment that is a disability.
  • Under the FMLA an employer may be required to restore an employee to her original job or to an equivalent job following her return from FMLA leave.
  • Under the PPACA employers are required to provide reasonable break time and a private place for breastfeeding employees to express milk.

Maginnis Law offers free in-person consultations to employees who believe they have been discriminated against because of their pregnancy or pregnancy related condition.  If you decide to hire our firm, we offer contingency fee arrangements, meaning that you only pay attorneys’ fees if we make a financial recovery on your behalf.

To discuss your case with the Raleigh employment discrimination lawyers at Maginnis Law, contact attorney Asa Edwards at 919.335.6172.  You may also send a confidential email with the details of your case using our contact page.  While we are located on Glenwood Avenue in Raleigh, we practice throughout North Carolina.  We can assist employees who have been discriminated against because of their pregnancy or pregnancy related condition in the Durham, Fayetteville, Greensboro, Greenville, Winston-Salem, and Wilmington areas.

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