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PREGNANCY DISCRIMINATION

Under the Pregnancy Discrimination Amendments toTitle VII [Title 42, United States Code, Section 2000e-(k)] , it is unlawful for an employer to differentiate between pregnancy-related and other disabilities. The law requires equal treatment. An employer may not discharge or refuse to hire or promote a woman simply because she is pregnant. Neither may an employer require maternity leave which is unrelated to the employee’s ability to work, as long as she is capable of performing her job. Furthermore, an employer may not prohibit an employee from returning to work for a predetermined time period following childbirth. When a pregnant woman takes maternity leave, her job must be held open on the same basis that jobs are held for employees on sick or disability leave for reason unrelated to pregnancy. There are also related issues of protection under the Family and Medical Leave Act of 1993 ("FMLA").

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Akers & Boswell, PA
2161 Palm Beach Lakes Boulevard, Suite 407
West Palm Beach, Florida 33409
(561) 547 6300 - (561) 828 9212 FAX