Pregnancy and Breastfeeding Discrimination

Ohio is an at-will state, which means your employer can generally terminate your employment at any time. But several federal and state laws create important exceptions that specifically protect pregnant employees and nursing mothers.

The Applicable Laws

• Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, which includes pregnancy, childbirth, and related medical conditions.
• Ohio Revised Code § 4112 mirrors Title VII at the state level.
• The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to employees with limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship.
• The PUMP for Nursing Mothers Act (PUMP Act) enhances workplace protections for employees who need to express breast milk.
• The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons.
• The Americans with Disabilities Act (ADA) may provide additional protections where pregnancy-related conditions qualify as disabilities.

Pregnancy Discrimination

It is unlawful for an employer to fire you, fail to promote you, reduce your hours, give you less favorable assignments, or force you to take leave because:

• You are pregnant or were recently pregnant
• You can or intend to become pregnant
• You have a medical condition related to pregnancy
• You had or are considering having an abortion

If you report pregnancy discrimination, it is unlawful for your employer to retaliate against you for doing so.

Pregnancy Harassment

Title VII and Ohio Revised Code § 4112 can make your employer liable for harassment based on pregnancy or breastfeeding. To hold your employer liable, you will generally need to show that they knew or should have known about the harassment and failed to take reasonable corrective action.

Pregnancy and Breastfeeding Accommodations

The PWFA requires covered employers with 15 or more employees to provide reasonable accommodations for known limitations arising from pregnancy, childbirth, or related medical conditions, unless accommodation would cause undue hardship. Examples of reasonable accommodations include modified schedules, telework, temporary reassignment, light duty, and leave for medical appointments.

Under the PUMP Act and FLSA, nursing employees who need to express breast milk are entitled to reasonable break time and a private space that is not a bathroom for up to one year following a child’s birth.

Your employer cannot retaliate against you for requesting accommodations, even if the request is ultimately denied.

Contact Wade Mapley, LLC

If you have been subjected to pregnancy discrimination, harassment, or a denial of accommodations, contact us online or at 216-329-3116 for a free consultation.