Pregnancy can be both an exciting and challenging time, especially when balancing work responsibilities with the needs of growing your family. As a pregnant employee, it’s important to know that both Minnesota and federal laws offer you a range of rights and protections in the workplace. In this blog post, we’ll outline these rights, explain how they apply, and highlight what steps you can take if you believe your rights have been violated.

Federal Protections for Pregnant Employees

At the federal level, three key laws protect pregnant employees:

Pregnancy Discrimination Act (PDA):

The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, makes it illegal for employers with 15 or more employees to discriminate against employees or job applicants based on pregnancy, childbirth, or related medical conditions. Under the PDA:

• Equal Treatment: Employers must treat pregnancy-related conditions in the same way they treat other temporary disabilities. For example, if your employer offers light-duty assignments to employees with injuries, they must offer similar accommodations to pregnant employees.
• Hiring and Promotions: Employers cannot refuse to hire or promote you because you are pregnant, as long as you are able to perform the essential functions of the job.
• Job Security: You cannot be fired, demoted, or forced to take leave just because you are pregnant.

Family and Medical Leave Act (FMLA):

The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees within a 75-mile radius. It provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons, including:

• The birth of a child and caring for the newborn
• A serious health condition that makes you unable to perform your job functions

To be eligible for FMLA, you must have worked for your employer for at least 12 months and have clocked at least 1,250 hours of service during that period. While FMLA leave is unpaid, it ensures that your job (or an equivalent position) will be available when you return.

Pregnant Workers’ Fairness Act (PWFA):

The Pregnant Workers’ Fairness Act (PWFA), which went into effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers and those with conditions related to pregnancy or childbirth. This federal law focuses specifically on workplace accommodations, similar to those provided under the Americans with Disabilities Act (ADA). Under the PWFA:

• Reasonable Accommodations: Employers must provide accommodations for pregnant workers unless doing so would cause an undue hardship on the business. Examples include modifying work schedules, providing light-duty assignments, allowing additional breaks, and offering seating options.
• Interactive Process: Employers are required to engage in an interactive process with the employee to determine the most appropriate accommodations.
• Prohibition of Retaliation: Employers cannot retaliate against employees who request accommodations or exercise their rights under the PWFA.

The PWFA provides important protections that go beyond what the PDA and FMLA offer by explicitly requiring accommodations for pregnant workers to ensure they can perform their jobs safely and effectively.

Minnesota-Specific Protections for Pregnant Employees

Minnesota goes a step further than federal law, offering additional rights to pregnant employees under state law:

Minnesota Human Rights Act (MHRA):

The MHRA prohibits discrimination based on pregnancy and applies to employers with one or more employees. This law provides similar protections to the federal PDA, making it illegal to treat an employee or job applicant unfavorably due to pregnancy, childbirth, or related conditions.

Minnesota Pregnancy and Parenting Leave Act (MPPLA):

The MPPLA is similar to the federal FMLA, but is unique to Minnesota and has broader protections regarding pregnancy and parenting leave. This law applies to all employers, regardless of how many employees work there. So even if an employer only has one employee the MPPLA applies. And the right to leave begins immediately upon hire. Unlike the FMLA, a Minnesota employee is not required to work for an employer for 12 months in order to qualify for MPPLA leave.

Note that MPPLA leave is subject to some important limitations:

• The leave must be taken within 12 months of the birth or adoption.
• Employees must request the leave from their employer.
• Employees can choose when the leave will begin.
• Employers can adopt reasonable policies about when requests for leave must be made.

Importantly, an employer may not deduct any time used for prenatal care from the 12 weeks of protected leave.

Pregnancy Accommodations under Minnesota Law:

Starting in 2023, Minnesota law requires employers to provide reasonable accommodations to pregnant employees, even if they do not request them. Some examples of accommodations include:

• More frequent restroom breaks
• Food and water breaks
• Seating arrangements
• Limits on lifting, moving, or similar physical restrictions

These accommodations must be granted unless the employer can demonstrate that they would cause an undue hardship on the operation of the business. Unlike under federal law, Minnesota employers cannot require a doctor’s note to provide these basic accommodations.

What to Do if You Experience Pregnancy Discrimination

If you believe that your rights as a pregnant employee or employee seeking parental leave have been violated, consider the following steps:

1. Document Everything As Best You Can: Keep a detailed record of all discriminatory incidents, including dates, times, locations, and the individuals involved.
2. Speak to HR: Report your concerns to your employer’s Human Resources department. They may not be aware of the issue and might take corrective action once informed.
3. File a Complaint: If the issue is not resolved internally, you may be able to file a formal complaint directly with your employer. Or you may be able to file a charge with either the Equal Employment Opportunity Commission (EEOC) under federal law or the Minnesota Department of Human Rights (MDHR) under state law.
4. Consult with an Attorney: An experienced employment law attorney can help you understand your rights, guide you through the complaint process, and represent you in legal proceedings if necessary.

Conclusion

Both federal and Minnesota laws offer pregnant employees robust protections against discrimination, ensuring that you can continue to work and provide for your family without fear of unfair treatment. Understanding these rights can help you advocate for yourself in the workplace and take action if your employer fails to meet their legal obligations.

If you believe your rights have been violated or you have questions about pregnancy discrimination, our experienced employment law team is here to help. Contact us today for a consultation and let us fight for the fair treatment you deserve.