Why There's Every Reason For Pregnant Women to Become Whistleblowers

Whistleblowers are people who report on the wrongdoings of individuals or companies whether that be telling on a playground bully or blowing on the whistle on an individual or company who is bribing foreign officials in order to win contracts.

It used to be that employees who were being badly treated by their employers or who were privy to dodgy dealings would have been reluctant to report this behavior for fear of losing their jobs or having their reputations tarnished. They didn't want to be seen to condone their boss's actions but they weren't prepared to face losing their jobs, especially if they were the main breadwinners of the family. Modern day whistleblowers are protected from retaliation from their employers, in a number of ways.

Illegal behavior of an employer against a whistleblower

In the event that you have reported your boss for misdoings in the workplace, regardless of whether the case goes to court, he is not allowed to do any of the following:

• fire
• suspend
• demote
• harass
• pass them over for promotion
• threaten

Any employer found to be doing any of these things may well find themselves in deep water since their actions are illegal. To this end the employee may well be able to sue their boss for loss of earnings as well as trauma and stress caused to themselves and their family.

Many whistleblower cases involve discrimination in the workplace. Discrimination has many forms but it can include discriminating against gender, age, religion, even in extreme forms, being overweight. One example of discrimination is when an employer uses pregnancy as an excuse for either not hiring a woman or for discriminating against her in the workplace.

How the law protects pregnant women

The Pregnancy Discrimination Act exists to protect women affected by pregnancy or other related conditions and accordingly an employer must treat them in the same fashion as other applicants or employees with similar limitations or abilities. Discrimination based on pregnancy is illegal under both the Federal Title V11 laws as well as the Californian Fair Employment housing Act (FEHA).

Hiring and other work situations

An employer cannot refuse to hire a woman purely on the grounds that she is pregnant or may become pregnant in the future provided she is able to perform the essential duties of that specific jobs. Some employers, who may be in ignorant bliss, may ask a woman if she is pregnant or planning on having children in the future, and this is illegal in itself.

Additionally an employer may not discriminate against a pregnant woman in any of the following areas: firing, salary, promotions, assigning jobs, lay offs, training, benefits such as health insurance.

If you have fallen victim to any of the above issues, then contact an attorney who can explain the rights of whistleblowers within the workplace in more detail, and ascertain whether or not you have a legitimate case to answer.

Accommodating pregnancy

An employer has a duty of obligation to any pregnant employee. For example, if a newly pregnant woman asks for a less strenuous or hazardous position (on the advice of her doctor) then the employer must move her to another position, if indeed he has one, or even create a role for her. In essence, if it is not too much of a burden for the employer to accommodate his employee's needs, then he must do so.

Family and maternity leave

Whilst the Federal Title V11 laws do not allow pregnancy discrimination, they do not have any explicit requirements for an employer to allow pregnancy leave. However, federal law does require employers to grant pregnancy leave. Under FEHA legislation pregnant employees are allowed to take a reasonable amount of leave of absence for pregnancy, up to four months, but the employer does not have to pay them during this time. The 'reasonable' period of time must relate to conditions pertaining to her pregnancy such as giving birth or caring for her baby until other arrangements can be made.

Harassment

It is also illegal for the pregnant woman to be harassed within the workplace because of her pregnancy, childbirth or any other medical conditions relating to pregnancy.

Although simple teasing and off hand remarks are allowed, should these escalate into something more frequent, then this could turn into illegal harassment which causes a hostile work environment which may lead to the pregnant employee being demoted or even fired.

Many whistleblowers are pregnant women who have suffered at the hands of their employers but have had the courage to stand up for their rights. Pregnancy should be a time of great happiness not one where you are made to feel like an outcast while you're at work. If you or a loved one has been fired or demoted because of being pregnant, then contact an attorney who will b e able to advise you of your rights.