Discrimination based on pregnancy is illegal
under both the Rhode Island
Fair Employment and Housing Act (FEHA) and
the Federal Title VII laws
This includes discrimination based on
pregnancy, childbirth, or related medical conditions.
Even discrimination based on the
"potential" for pregnancy is illegal. For example, in one case a
manufacturing company would not allow women to work certain jobs
because if they were pregnant there could be harm to their fetus.
This was illegal discrimination.
Accommodating Pregnancy
Employers have a number of responsibilities to
employees who become pregnant. For instance, if a woman becomes
pregnant, and with the advice of her doctor asks for a position that
is less strenuous or hazardous, the employer must transfer her to
another position if it has one, or can make one without being
"unduly burdened." Basically, if its not too much trouble for
the employer to accommodate the woman's needs, he has to do it.
Pregnancy Family Medical Leave
Federal Title VII Law does not explicitly
require employers to grant Pregnancy leave, although it does
prohibit Pregnancy discrimination. However, the Federal Law does
require employers to grant medical leaves, which are applicable to
pregnant women (See separate section on family and medial leave.)
The Rhode Island
FEHA specifically gives
pregnant employees the right to take a leave of absence for a
reasonable period of time, not to exceed four months. The employer
does not have to pay his employee during this time.
A "reasonable period of time" is the
time period where the woman is "disabled" because of her
pregnancy, childbirth, or related medical conditions. "Disabled"
in this context simply means she cannot work. During a Pregnancy
leave, a woman may also use any vacation time she has accrued.
Employers can require any employee who
plans to take a pregnancy leave to give the employer reasonable
notice of the date the leave will start and how long it is expected
to last.
Employers generally cannot force a pregnant
employee to go on pregnancy family medical leave. It is there if the
woman wants it. However, if the employer can show that the woman
absolutely cannot do her job, or is "disabled" by the
pregnancy, he may be allowed to make her take a leave of absence.
This is, however, a very difficult situation for the employer,
because it is likely that the Pregnancy can somehow be accommodated,
which means the woman should be allowed to stay.
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