Denver Pregnancy Discrimination Attorneys
Unpaid maternity leave for up to 90 days is a mandatory right for employees covered by the Family and Medical Leave Act (FMLA) for both new fathers and mothers. Adopting parents are also entitled to maternity leave. FMLA covers employers with 50 or more employees working within a 75-mile radius.
Under both Title VII and CADA, employees are also permitted to get paid leave for the time that they are medically disabled during and after the childbirth. Physicians often will not certify that a new mother is physically able to return to work until 6 weeks following the childbirth. During this time, new mothers are entitled to any medical benefits provided by the company to other employees for general illness.
Employers may require employees to apply their paid medical leave days to their FMLA leave.
Pregnancy Discrimination Act (PDA) & Break Time for Nursing Mothers Act (BTNMA)
The PDA amended Title VII to clarify that employers cannot discriminate against:
- Pregnant employees
- Employees with complications of pregnancy
- Mothers returning from maternity leave.
Pregnancy-related medical issues must be treated in the same way as other medical problems.
- Terminate pregnant women because of their pregnancy or women returning from maternity leave because of their absence
- Refuse to hire or promote pregnant women and mothers returning to work following maternity leave because of pregnancy or maternity-related reasons.
Under the Break Time for Nursing Mothers Act, most companies are required to provide employees who are nursing reasonable breaks and a private space in which to pump milk for their babies.
Filing a Pregnancy Discrimination Claim
Under Title VII, an employee wishing to pursue a discrimination claim MUST file a discrimination complaint with the:
- Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act; or
- Colorado Civil Right Division (CCRD) within 180 days of the discriminatory act.
For more information, see www.coloradoemployeerights.com, or for legal assistance, contact Denver Discrimination & Employment Lawyer Lynn D. Feiger or Justin Plaskov at www.lohfshaiman.com or 303-753-9000.