{"id":4707,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/facts-about-pregnancy-discrimination.html"},"modified":"2024-06-06T04:36:47","modified_gmt":"2024-06-06T09:36:47","slug":"facts-about-pregnancy-discrimination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/facts-about-pregnancy-discrimination.html","title":{"rendered":"Avoiding Pregnancy Discrimination"},"content":{"rendered":"\n
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Avoiding Pregnancy Discrimination<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Small business owners have many things to keep in mind these days. Treating all workers fairly and equitably is always foremost. State and federal laws demand employers to give equal protection to all their employees, including pregnant workers.<\/p>\r\n

These laws apply to all aspects of employment. Most laws affect businesses with more than 50 employees. But the Pregnancy Discrimination Act<\/a> (PDA) and the Americans with Disabilities Act<\/a> (ADA) apply to companies with more than 15 employees. The U.S. Equal Employment Opportunity Commission<\/a> (EEOC) enforces these rules in each state.<\/p>\r\n

Visit FindLaw’s Employment Law: Leave Law Section<\/a> for detailed information on employee leave and time off.<\/p>\r\n

Pregnancy Discrimination in Hiring<\/h2>\r\n

Employers can’t discriminate against potential employees because of pregnancy or pregnancy-related conditions. They must treat pregnant applicants like workers with any other condition or disability. They qualify if the applicant can perform the "essential functions" of the position with or without reasonable accommodations.<\/p>\r\n

Employers may not pre-emptively refuse to hire pregnant women because they have:<\/p>\r\n