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Pregnancy Discrimination

 


Title VII, codified at 42 U.S.C.S. §2000e et. seq., was amended to include the Pregnancy Discrimination Act (“PDA”), codified at 42 U.S.C.S. §2000e(k), which makes it illegal for an employer, employment agency or labor union to discriminate against female employees affected by pregnancy, childbirth, or related medical conditions.  Employers must ensure equal application of benefits under fringe benefits programs to pregnant employees, as those given to other non-pregnant employees who are similar in their ability or inability to work.  Even an otherwise inclusive plan that singles out pregnancy-related benefits for exclusion is unlawful under the PDA.  In application the PDA requires employers that provide temporary paid leave to other disabilities to provide temporary paid leave for a temporary disability due to pregnancy and childbirth.  The Connecticut Supreme Court has limited the protection afforded by the PDA to employers with more than three employees; employers with fewer than three employees may discriminate on the basis of pregnancy.

·        If you want to file a claim for pregnancy discrimination with the state, a complaint must be filed with the appropriate state agency within 180 days after the alleged act of discrimination.  To file a violation of the federal law, you must file a complaint with the Equal Employment Opportunity Commission (“EEOC”).   If your employer violated both state and federal law, you must timely file your complaints with the state administrative agency, which will also send a copy to the EEOC.

·        Our attorneys have extensive experience advocating for clients who have been discriminated against in all covered violations of Title VII.  Our attorneys have litigated these violations extensively at state, federal and administrative forums. 
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