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Discrimination at Work

Key facts about anti-discrimination laws:

  • There are deadlines for filing discrimination complaints. You need to check the deadlines for any law you think may help you.
  • Federal laws apply to the whole country.
  • State laws may be similar to federal anti-discrimination laws or offer more protection.
  • Many cities and towns have local laws (called ordinances in PA) that may provide additional protection.
  • If you are not protected at one level of government, you should check the other levels.
  • Anti-discrimination laws address discrimination based on sex and pregnancy, and other factors such as race, national origin, age, disability, and more.
 

What is Sex Discrimination in Employment?

Sex discrimination in employment includes sexual harassment, unequal pay, discrimination in hiring, promotions, and firing, pregnancy discrimination, and other employer actions that are prohibited by anti-discrimination laws.  

 

National, State, and Local Agencies that Handle Discrimination Complaints

Resources for Legal Help with Employment Discrimination

Pregnancy and Breastfeeding Discrimination

YOU HAVE RIGHTS AND THE WOMEN’S LAW PROJECT’S LEGAL NAVIGATOR PROGRAM CAN HELP. 

Pregnant people have rights in the workplace. Laws prohibit workplace discrimination on the basis of pregnancy and related conditions and often require employers to provide accommodations to enable workers to work while pregnant.

Many lactating workers also have the right to express breastmilk in the workplace so they can continue to breastfeed their babies after returning to work.

These rights do not apply to every employee. There are federal, state, and local laws that may apply. Your individual circumstances determine what laws apply to you.

We provide information, assistance, advice, and representation to help workers understand their rights and stay on the job while taking care of their health and the health of their pregnancy, including:

  • Preparations to disclose pregnancy at work.
  • Requests for accommodations at work.
  • Navigation of leave policies.
  • Preparations for return to work.
  • Requests for lactation accommodations.
  • Legal advice if harassment or discrimination has already occurred.
Contact WLP to schedule a consultation:
  • Contact our Pittsburgh office at 412-281-2892 or infopitt@womenslawproject.org
  • Contact our Philadelphia office at 215-928-5761 or info@womenslawproject.org

Follow the links below to learn more about discrimination against pregnant workers and what to do about it.  Here is a quick overview:

Know Your Rights (PDFs):

 

Information That Might Help Anyone in the U.S.:
  • Title VII of the Civil Rights Act bars employers with 15 or more employees from discriminating on the basis of sex, including pregnancy. This means that an employer cannot treat a pregnant employee worse than they treat a non-pregnant employee who is similar in their ability or inability to work.
  • The Americans with Disabilities Act may require an employer to provide an employee with a “reasonable accommodation” if the employee’s pregnancy-related condition counts as a disability under the law.
 Information That Might Help if You Work in Pennsylvania:
  • The Pennsylvania Human Relations Act prohibits employers with four or more employees from discriminating on the basis of sex, including pregnancy. It is similar to Title VII of the Civil Rights Act.
  • Depending on the size of the employer and its location in Pennsylvania, the law prohibits employers from discriminating against employees because of pregnancy, childbirth, or a related medical condition.
  • An employee may also be entitled to a reasonable accommodation in the workplace due to pregnancy, child birth, or a related medical condition.
Information for Philadelphia and Pittsburgh workers AND Some Who Work in Other PA Locations:
  • Philadelphia, Pittsburgh, and some other localities have ordinances that prohibit sex discrimination, including pregnancy discrimination, in employment.
  • Philadelphia also requires employers to provide reasonable accommodations to pregnant employees.
  • Pittsburgh also requires reasonable accommodations for pregnant employees who work for the city or through city contracts.

Pumping at Work

Do you need to pump milk at work?

Under federal law (applies in all states), employers must accommodate most workers who want to pump milk in the workplace.

Under the Fair Labor Standards Act, your employer must provide:

  • “reasonable break time for an employee to express breast milk for their nursing child for 1 year after the child’s birth each time such employee has a need to express the milk”; and
  • “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express milk.”

Employers with less than 50 employees are required to provide these accommodations unless it would impose an undue hardship.

See this link for more information.

What can you do if the law applies to you but your employer is not letting you take pumping breaks in a private place?

You may file a complaint with U.S. Department of Labor’s Wage and Hour Division or file a civil action in court.

Some local ordinances offer additional rights relating to pumping at work.

 Philadelphia employees have rights to pump in the workplace, even if they are not covered by the PUMP Act.  

  • What must a Philadelphia employer do? A Philadelphia employer must reasonably accommodate an employee’s need to pump milk as long as the accommodation does not impose an “undue hardship” on the employer.
  • What is a reasonable accommodation? Reasonable accommodations include: providing unpaid break time, allowing an employee to use paid break, mealtime, or both to express milk, and providing a private, sanitary space that is not a bathroom where an employee can express milk.

If you believe your employer has denied you reasonable accommodations to express breast milk in Philadelphia, you may file a complaint with the Philadelphia Commission on Human Relations. 

How Medical Providers Can Help Pregnant & Lactating People Get Medically Necessary Work Accommodations 

Medical providers may have an essential role to play in advocating for pregnant workers, because—all too often—a note from a medical provider can prompt an employer to mistreat a pregnant employee.  The resources below provide recommended practices for medical providers.

Family and Medical Leave (FMLA)

Do you need time off from work because you or a family member is ill or you are about to have a baby or to adopt a child?

Federal Information and Resources on Family and Medical Leave:

Local Communities and Paid Sick Leave

In many communities, workers have additional rights.

Philadelphia has a law requiring PAID sick leave for workers including paid pandemic leave. 

Criminal Records and Employment

Is your criminal record making it hard to find work?

Laws exist on the federal, state, and local level that limit when and how employers can refuse to hire based on a criminal record.

Philadelphia has a law known as Ban the Box, which makes it illegal in Philadelphia for employers to ask about criminal backgrounds during the job application process.

If you want to see your criminal record, go to the Common Pleas Docket Sheets and click on “Participant Name.”

If you need help getting employment because of your criminal record, there are resources:

Philadelphia

Pittsburgh

Pennsylvania

Pension Rights

National Resources
Pennsylvania Resources

Wages and Other Employment Issues

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