Legal Question in Discrimination Law in Texas
Male Employee paid for medical leave, female employee not paid for pregnancy lea
I am a female in a management position as a salaried employee. My employer refused to pay me during (2) seperate maternity leaves. I was afforded time off without pay and reinstatement to my position upon return to work. However, a male employee, who is also in a management position and a salaried employee, recently took medical leave for a heart condition and received full pay. Do I have grounds for discrimination? Can I be compensated?
2 Answers from Attorneys
Re: Male Employee paid for medical leave, female employee not paid for pregnancy
Depending on when your leave occurred and any other facts (such as a difference in accrued leave), the answer would probably be yes. Under the Pregnancy Discrimination Act (PDA), it is unlawful for an employer to treat an employee's pregnancy any different than it treats any other temporary period of disability.
What your employer did comported with the terms of the Family Medical Leave Act, but may have violated the PDA. If you would like to consult about this, please do not hesitate to contact our office at [email protected].
Re: Male Employee paid for medical leave, female employee not paid for pregnancy
Yes, in all probability there was a violation of law, and the opportunity for a monetary recovery, perhaps more than pay for the previously unpaid time. It sounds like the employer was attempting to follow the Family Medical Leave Act, but it appears the company violated the Pregnancy Discrimination Act by not treating your "disability" the same as the male employee's.
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