Federal Law – The Pregnancy Discrimination Act of 1978 (PDA) & Pennsylvania Law – The Human Relations Act (HRA)

Whether it’s under the PDA or the HRA, employers in Pennsylvania are prohibited from discriminating against both job applicants and employees due to pregnancy in any way, including:

• failing to interview or hire,
• firing, laying off or demoting,
• changing job assignments,
• reducing pay, hours or fringe benefits.

Pregnancy Discrimination at Work – Common Examples

Employer Lays Off Employee After Learning About Pregnancy

An employee in Philadelphia is terminated after reporting her pregnancy to HR, despite being a valued employee for several years, as indicated in her previous performance reviews. The employer states that it terminated the position due to restructuring. However, the investigation shows that the same position with substantially the same duties, requirements and schedule was offered to another employee shortly after the pregnant employee was terminated.

Employer Refuses to Allow Pregnant Employee to Return to Work

An employee in PA has a serious pregnancy related medical condition that requires a leave of absence for two weeks, which is approved by the employer. When she seeks to return to work after the two weeks, her employer tells her that it has hired someone else for her position. However, the employer’s own written policy states that all positions will be held open so long as the employer pre-approves the duration of the absence. In this case, the employee obtained approval for the two week leave of absence. Accordingly, the employee’s pregnancy discrimination claim would likely succeed.

Employer Refuses to Hire Pregnant Job Applicant

A visibly pregnant individual is interviewed for a job as a server at a Philadelphia restaurant, which is about to enter its busiest season of the year. During the interview, the employer and applicant discuss the due date, which is the middle of the busy season. The employer declines to hire the applicant and states that it cannot afford to hire a pregnant employee with a due date during its busy season. Here, the employer has clearly violated federal and state laws which prohibit making hiring decisions based on pregnancy.

At Koller Law our passion lies in representing people from all walks of life who have been wronged, who often feel hopeless, and are in search of a lawyer or professional who knows the law.

We have been handling employment discrimination cases throughout Pennsylvania and New Jersey, just like yours, for many years. Koller Law is not run like every other firm – we provide the compassionate, individual attention employees need and deserve.

Call us at (215) 545-8917 or contact us to schedule a confidential case review today!

Last updated: December 13, 2022