Working while pregnant can be challenging, especially if your job is physically demanding. You may get tired more quickly and find it hard to stay focused due to fatigue and other pregnancy symptoms. But these difficulties do not mean you should face mistreatment at work. Discrimination based on pregnancy is illegal in Hawaii and all other states. If you’re pregnant or plan to become pregnant in the future, it’s important that you’re aware of your rights on the job.
Pregnancy accommodations
There are federal laws in place to protect pregnant workers. These laws apply to employers who have 15 or more employees. Your employer may not treat you unfairly due to your pregnancy. It is a requirement that they provide you with certain accommodations if you need them.
Accommodations for pregnant workers can include allowing you to take additional breaks to rest, providing you with an alternate work schedule or allowing you to work from home. Your employer should provide you with an accommodation that will allow you to safely do your job. This may include altering your work duties or changing your shift. They cannot, however, make you accept an accommodation if you are comfortable with your current work environment.
The law prohibits these acts
Pregnancy-related discrimination applies to those who are pregnant, who were pregnant, who intend to become pregnant or who have a medical condition related to pregnancy. Workers in these conditions have protection from mistreatment due to their condition. Employers may not fire you or reject you for a promotion because of your pregnancy. They cannot require you to take lesser assignments or make you take leave before you wish to.
Employers do have the option to remove you from a job if your pregnancy prevents you from doing the job in a way that is safe for other workers. If you believe your employer has violated your right to work while pregnant, you can file a complaint. Your employer may not retaliate against you for filing a complaint based on pregnancy-related discrimination or harassment.
Seek legal advice
Pregnant employees have the right to work in a safe environment free of discrimination related to their condition. If you’ve faced discrimination in the workplace due to your pregnancy, you may have cause to seek compensation from your employer. Whether you lost your job, received a demotion or your employer denied you necessary accommodations to work safely, speaking with an attorney who is familiar with Hawaii’s employment laws can help you better understand your legal options.