A pregnant employee in West Virginia is protected under federal and state laws that provide workplace rights, prohibit discrimination, and require reasonable accommodations, particularly for medical complications related to pregnancy. Below is an overview of the key legal protections and employer obligations.
Federal Legal Protections for Pregnant Employees
1. Pregnancy Discrimination Act (PDA) – 42 U.S.C. § 2000e(k)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964 and prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA:
- Employers cannot fire, refuse to hire, demote, or otherwise discriminate against a woman because of pregnancy.
- Pregnant employees must be treated the same as other employees who are similar in their ability or inability to work.
- If an employer provides accommodations for temporarily disabled employees, it must provide similar accommodations for pregnant employees with work restrictions.