Mark Buchanan Law Office

Pregnancy Discrimination/FMLA

We are currently handling a variety of cases based on violation of the FMLA, and because of termination based on pregnancy.  Pregnancy discrimination is on the rise in the American workplace.  Both state and federal laws in Kansas and Missouri prohibit pregnancy discrimination.  Title VII prohibits employment discrimination on the basis of gender, but in 1976, the United States Supreme Court held that the statute did not bar employment discrimination on the basis of pregnancy. Because not all women become pregnant, said the Court, discrimination against pregnant employees need not amount to discrimination against female employees.  In 1978, to confirm a woman's right to bear children, while still fully participating in the work force, Congress passed the Pregnancy Discrimination Act of 1978 (the PDA).  The PDA contains language that requires you to be treated like any other worker who has a similar medical condition.

 "The terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work."

42 U.S.C. Sec. 2000e(k).

The PDA was designed to 'guarantee women the basic right to participate fully and equally in the workforce, without denying them the fundamental right to full participation in family life." We won a landmark victory for women's rights in 1994, winning the first jury verdict in the United States for pregnancy discrimination under the Civil Rights Act of 1991.  Because pregnancy-related complications also often involve your rights under the Family and Medical Leave Act, ("FMLA"), we have the expertise necessary to handle those claims as well. Please contact us for a free consultation.  There is no charge unless we accept your case, and obtain a settlement or verdict.