Kentucky and Ohio Employers cannot discriminate against employees or applicants who are pregnant. Even if you are an at-will employee, you have rights. Kentucky, Ohio, and Federal law prohibits pregnancy discrimination.
Kentucky and Ohio Employers Cannot Discriminate Against Pregnant Employees.
Do Kentucky or Ohio Employees get Paid Pregnancy Leve?
Whether you qualify for pregnancy leave depends on several factors such as how big your employer is, how long you have worked for the employer, and the policies of your company. Generally, there is no paid pregnancy leave unless your employer agrees. However, under the Family and Medical Leave Act, you may be entitled to unpaid leave.
Title VII of the Civil Rights Act of 1964 (Title VII)
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. The PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. If a woman is unable to perform her job duties because of a medical condition related to childbirth, the employer must provide her a reasonable accommodation.
Most private employers that employ at least 15 employees working at least 20 weeks a year and public employers must follow the requirements of Title VII. Unfortunately, Title VII’s protections do not apply to independent contractors.
Employers (the company) can be held accountable for discrimination, retaliation, and harassment under Title VII. However, courts will not typically hold managers, officers, supervisors personally liable under Title VII. Employers can even be liable when customers harass employees under a Third-Party Harassment Theory.
Title VII prevents employers from making adverse employment decisions because of an employee’s race, color, national origin, religion. Examples of adverse employment decisions are:
- Terminating an employee
- Forcing the employee to quit (known as Constructive Discharge)
- Demoting an employee
- Failing to promote an employee
- Refusing to hire an employee
If an employee suffered an adverse employment decision because of an employee’s race, color, national origin, religion they can bring a claim under Title VII.
To make a claim under Title VII, the process begins with an Equal Employment Opportunity Commission “EEOC” charge before a lawsuit cannot be filed until the employee files this charge with the EEOC. During the EEOC process, there is an opportunity to resolve and settle the claims. If a resolution cannot be reached, the EEOC process ends with a right-to-sue letter. After the employee receives the right to sue letter, they have 90 days to file a lawsuit. It is very important to speak with an experienced employment lawyer before you file an EEOC charge of discrimination.
Kentucky Civil Rights Act: KRS §§ 344.010 to 344.990
The Kentucky Civil Rights Act (KCRA) prohibits employment discrimination based on Pregnancy. In addition, the KCRA requires Kentucky Employers to provide “reasonable accommodations for any childbirth-related conditions.
The KCRA applies to employers employing at least 8 (15 for disability and pregnancy) employees that work at least 20 weeks a year. Generally, individual supervisors cannot be held personally liable in their individual capacities for violations of the KCRA. (Conner v. Patton, 133 S.W.3d 491, 493 (Ky. Ct. App. 2004).
If needed, employers are required to provide “reasonable accommodations” such as:
- More frequent or longer breaks
- Time off to recover from childbirth
- Modification of equipment
- Appropriate seating
- Temporary transfer to a less strenuous or less hazardous positions
- Light duty
- Modified work schedule
- Private space that is not a bathroom to express breast milk
Employers are not required to provide “reasonable accommodations” for conditions related to childbirth if the accommodation would be an “undue hardship” on the employer. An “undue hardship” is something that requires significant expense or difficulty to accomplish.
In Kentucky do you have to take time off for pregnancy?
No. The KCRA mandates that an employee shall not be required to take leave from work if another reasonable accommodation can be provided
Unlike Title VII, employees are not required to file a charge of discrimination with the Kentucky Commission on Human Rights before they file a lawsuit.
Ohio Civil Rights Act: R.C §§ 4112.01
Ohio law prohibits employment discrimination because of the employee’s sex. This includes discrimination based on any pregnancy related illness or medical condition.
The Ohio Civil Rights Act (OCRA) covers any Ohio employer with four or more employees within the state.
Employees are not required to file a charge with the Ohio Civil Rights Commission before they file a lawsuit.
If your employer discriminated against you, act now.
Contact Our Employment Attorney For A Free Consultation
It is that simple. You need to act. At Thompson Legal, our Kentucky and Ohio employment law attorneys have experience achieving justice for those employees who have been wronged. We have experience taking on large and small companies to achieve justice for employees who were wronged. Call or text us today at 502-366-2121 for a free consultation if you have any Kentucky or Ohio employment issues.