When an employee becomes pregnant, an employer may take actions — with the best intentions — aimed at protecting the woman and the unborn baby. For example, by transferring her to another job or refusing to let her work in certain areas because of perceived safety or health risks.

However, unless the woman asks for accommodation or there is compelling medical evidence,

Pregnant Applicant Receives $220,000

Wal-Mart Stores Inc. settled a pregnancy discrimination lawsuit for $220,000 in damages and other relief. According to the lawsuit, a pregnant woman applying for a job at an Arizona store was told by the Assistant Manager to "come back after she had the baby." The EEOC investigated the case and filed a lawsuit on behalf of the applicant after its efforts to reach a voluntary negotiated settlement failed. The litigation involved repeated trials and appeals over 11 years before all issues were finally resolved in 2002.

these type of actions may be considered discriminatory.

Under the federal Pregnancy Discrimination Act, and most state laws, you cannot treat an employee differently due to pregnancy, childbirth or a related medical condition — unless the condition interferes with her ability to do her job.

For example, if you offer health insurance and employ 15 or more people, the insurance must cover expenses for pregnancy on the same basis as expenses for other medical conditions. If you offer sick leave or disability leave, a pregnant woman must be eligible the same as another employee with a broken leg.

As an employer, you must rely on competent medical advice, rather than assumptions, about what pregnant employees are able to do.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act. Under the law, an employer cannot:

 Refuse to hire a woman because of her pregnancy, a related condition, or prejudices that may be held by colleagues, clients, customers or patients.

 Single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires a doctor’s statement before granting any leave or paying sick benefits, the employer can ask for the same statements from employees affected by pregnancy-related conditions.

 Refuse to make accommodations for a pregnant employee. The employer must treat her the same as other temporarily disabled employees by providing modified tasks, alternative assignments, disability leave, or leave without pay. Employers must also hold open a job for a pregnancy-related absence the same length of time that jobs are held open for employees on sick leave or disability leave.

 Limit fringe benefits for pregnant employees. With health insurance, for example, pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions. No additional or larger deductible can be imposed. And if you provide benefits to employees on leave, you must provide the same benefits for those on maternity leave.

 Lay off or place on leave an employee who has been absent from work as a result of a pregnancy-related condition. 

 Retaliate against an individual for filing a discrimination charge or opposing employment practices that discriminate based on pregnancy.