Pregnant then Screwed, American Style

In this episode, I break down two major federal laws passed in 2023 that expand workplace protections for women—especially those who are pregnant, postpartum, or breastfeeding. The Pregnant Workers Fairness Act (PWFA) gives employees the right to reasonable accommodations for pregnancy, childbirth, and related medical conditions, similar to the ADA standard, as long as the employer has 15 or more employees. We also cover the PUMP Act, which strengthens and broadens the right to break time and a private space to express breast milk at work. Together, these laws close long-standing gaps in federal protections and help ensure that women don't have to choose between their jobs and their health.

Deborah O'Rell and I (and guests in the women's rights and health space) will be recording this podcast again on Fridays at 9 am. We'll be chatting and riffing about women's workplace rights in terms of pregnancy protections, what to do about your perimenopausal and menopausal symptoms if they're interfering with your performance, how to advocate to be paid what your worth, and what to do when you're being sexualized at work. --- Send in a voice message: https://podcasters.spotify.com/pod/show/jack-tuckner/message

Let me tell you a story about a current pregnant client who's enduring wild discriminatory hostility just because she's with child. I discuss what her (and your) rights are under the pregnancy protective federal and state statutes. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Under federal and most state and city anti-discrimination laws, almost ALL employers are required to show compassion and flexibility* to its pregnant employees during their pregnancies, after their babies are born, and even after they return to work and require accommodations for lactation and breast feeding purposes. Any differential or hostile workplace treatment because of pregnancy is illegal sex, gender, and pregnancy discrimination and often disability discrimination, too. Document in writing any requests for flexibility and pregnancy-related accommodations, as well as complaints about discriminatory treatment you're experiencing due to your pregnancy, related medical conditions, and your need for OB/Gyn appointments and testing, and requests for temporary light duty. Step up and fight for your right to be equal! And don't quit your job due to discrimination, as that's like throwing out the baby with the bath water!

If you're treated differently in the workplace because of pregnancy throughout your gestational cycle, including through maternity leave and your return to work, it's illegal sex, gender, pregnancy and often disability discrimination. This sex-based differential treatment includes failure to promote because of pregnancy. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

YES! You ARE entitled to breastfeed your baby and/or pump breast milk in the workplace postpartum, for one year after childbirth under federal law and for three years after childbirth under New York and Connecticut laws, and ALL 50 states have their own laws on breastfeeding and expressing milk at work. Listen to a brief summary of your lactation rights presented by Jack Bryant Tuckner, Esq., Women's Rights in the Workplace lawyer based in New York. Find your particular state law on postpartum breastfeeding and milk pumping at work at this link. Jack Tuckner can be reached for questions at @jacktuckner on Twitter and Jack Tuckner on LinkedIn and Facebook. Email jtuckner@womensrightsny.com --- Send in a voice message: https://anchor.fm/jack-tuckner/message

There are a mix of confusing federal and state laws governing maternity leave, but the bottom line? YOU ARE ENTITLED TO MATERNITY LEAVE. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Pregnancy discrimination cases are on the rise again, in part because federal, state, and city laws have expanded pregnant employees' workplace rights. Learn what to do initially to ensure the greatest protection against unlawful and sexist pregnancy discrimination. (spoiler alert, it involves written notification to your company)! --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Most employee rights pregnancy discrimination attorneys will take your case on a contingent-fee basis, meaning that they’ll only get paid if and when the case resolves. Join Jack and Deborah and learn what to look for when hiring a lawyer for your pregnancy discrimination claim. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

I’m pregnant, due in May and incredibly anxious about giving birth in a NYC hospital during this coronavirus crisis. I’m having a hard time concentrating at work and my boss is harassing me. Do I have any recourse? --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Coronavirus and pregnant employees: Workplaces are imploding, employees are being laid off, and pregnant women have been told to take an early maternity leave, for their own safety, and they have been fired due to their pregnancies, as they’re perceived as more vulnerable—either way, it’s illegal. You can’t be fired because of anything to do with your pregnancy, and your employer cannot force an early maternity leave. That decision is yours alone. Pregnancy discrimination is illegal. Even during a pandemic. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Even 42 years after the enactment of the Pregnancy Discrimination Act, companies still mess with women’s lives and careers during pregnancy and after childbirth because employers resent women for “choosing” to bear a child, as the known limitations of pregnancy and maternity leave aren’t profitable to your company. KNOW YOUR RIGHTS!—as your company won’t otherwise protect you—they likely don’t even know what their obligations are. You are entitled to job flexibility and work modifications, and a work environment free from sex and pregnancy-based hostility. Document your pregnancy in writing before you’re “showing,” and put all complaints about poor pregnancy treatment in writing, too. This way you’ll have proof of your pregnancy notification and prior complaints in case your company doubles down on the hostility. It’s all about the pregnancy paper trail. Please leave us a voice message with pregnancy-related questions and we’ll answer it right here on our Anchor podcast. We hope you find this empowering information helpful. Jack & Deborah --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Before fling your complaint in federal or state court—or with a federal administrative agency (EEOC)—or state workplace discrimination agency, make sure you’ve documented your pregnancy claims to your employer, and that you know what your goals are, as each filing choice will have consequences and may limit your negotiating flexibility. Note: I was not mindful of the 60 minute podcast limited so it cuts off at the end. Please let me know your questions here (or tweet me @jacktuckner) and I’ll answer each on this podcast (and will do my best to be succinct):). --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Questions about your workplace rights while pregnant? Listen to women’s rights attorney Jack Tuckner riff on pregnancy-based workplace concerns and learn how to protect yourself. --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Pregnancy discrimination cases are on the rise partly because the laws protecting working women from this common form of sex discrimination have never been stronger. Learn the basics and how to protect yourself. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/jack-tuckner/message

Join Jack Tuckner and Deborah O’Rell as they dive deep each week into gender-specific issues related to working women, and how to recognize and protect yourself and your income from discriminatory treatment resulting from pregnancy and related medical conditions, including postpartum lactation problems at work. --- Send in a voice message: https://anchor.fm/jack-tuckner/message