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Benefits During Pregnancy: Anti-Discrimination Rules


Speak to a competent employment lawyer if you feel you have been discriminated against on the basis of pregnancy. Women who are fired while pregnant should naturally suspect that pregnancy was the reason for the discharge. Consider filing a claim alleging pregnancy discrimination with the EEOC or appropriate state antidiscrimination agency. The filing is free, and you do not need a lawyer to assist you in the process.

Employers are often advised that even when a decision to fire has nothing to do with a woman's pregnancy, it may be wise to continue her employment until she voluntarily leaves to give birth, rather than fire her several months before the birth, to avoid the added costs and burdens of contesting a charge of pregnancy discrimination. Employers are also advised by their attorneys that if they must fire a pregnant worker, they should be sure that her file supports the decision (i.e., that unfavorable job performance appraisals and repeated written warnings are present in the file and the worker was repeatedly warned about her performance before the company was notified of her pregnancy).

Copyright 1998 Steven M. Sack

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