Pregnancy Discrimination in the Workplace
Experienced Employment Discrimination Attorneys Helping to Combat Pregnancy Discrimination in the Workplace for Over 25 Years.
Pregnancy discrimination occurs when a woman experiences negative employment actions because she is pregnant or attempting to become pregnant. Pregnancy discrimination affects employees and job applicants. It can result in firings, refusal of job offers, demotions, and other forms of adverse employment actions.
Expectant mothers deserve the right to work until they feel unable to work. They deserve the right to attend doctor’s appointments. They deserve the right to receive reasonable accommodations within the workplace while they are pregnant.
If your employer takes negative employment actions against you because you are pregnant or attempting to get pregnant, they are violating the law. You deserve justice. You deserve a discrimination lawyer who will help you fight for your rights.
Fill Our Free Consultation Form or Call a Pregnancy Discrimination Lawyer at (800) 807-2209.
What Is Pregnancy Discrimination in the Workplace?
Pregnancy is one of the most amazing and wonderful experiences any woman can have. It should be one of the best experiences in your life. So, when your employer punishes you for being pregnant, it can be a devastating occurrence.
Pregnancy discrimination in the workplace occurs when a pregnant woman is treated unfairly or harassed by employers, CEOs, potential employers, supervisors/managers, co-workers, clients/customers, or non-employees because she is pregnant or trying to become pregnant.
What Does Pregnancy Discrimination in the Workplace Look Like?
Some examples of pregnancy discrimination in the workplace include, but are not limited to:
- Your interviewer refuses to hire you because you are visibly pregnant.
- Your supervisor releases you from your contract a month early. You received positive write-ups for six months. However, he overheard your conversation that you and your husband are trying to get pregnant. A week later, he terminated your contract early.
- Your co-worker calls you “Preggers” every time he sees you walking by.
- Your supervisor refuses to assign you any new assignments due to your pregnancy.
- Your client will no longer work with you because you are pregnant.
- Your employer demotes to help decrease your workload because of your pregnancy. You made it clear you can handle your job. Your work product has not suffered.
- Your supervisor fired you once you told him you were pregnant.
- Your manager reduced your hours when you told her you and your husband were trying to get pregnant.
- Your boss refuses to accommodate your pregnancy needs. He will not let you have more frequent bathroom breaks. He will not let you carry water with you on the showroom floor. He will not let you sit as needed.
What Rights Do Pregnant Women Have in the Workplace?
Both federal and local laws are in place to protect the rights of pregnant women in the workplace. Under federal laws, the Pregnancy Discrimination Act of 1978 (PDA) protects women working for employers with 15 or more employees. The PDA is a subset of the sex discrimination provisions of Title VII of the Civil Rights Act of 1964. The law protects expectant mothers and women trying to get pregnant from discrimination due to pregnancy, childbirth, or complications related to either. Under the PDA, employers cannot retaliate against you for complaining about pregnancy discrimination. Additionally, wrongful termination, because you complained about pregnancy discrimination or due to pregnancy, violates the law.
The Americans with Disabilities Act (ADA) protects pregnant women from discrimination and harassment in the workplace if the woman has medical issues that would fall under disabilities due to her pregnancy or childbirth.
Many state and local laws are in place to protect pregnant women from discrimination. Under state and local laws, employers may only need to maintain as little as 1 to 4 employees to qualify for protection from discrimination based on pregnancy.
Eligible pregnant mothers may also have rights under the Family and Medical Leave Act (FMLA), which provides unpaid leave to care for illnesses, injuries, or severe medical issues relating to a parent, spouse, or child. The law provides eligible employees up to 12 weeks in a 12-month period. Eligible employees work for an employer that employs at least 50 people within a 75-mile radius. The employee must work for the company for at least 12 months before taking leave. Many new mothers use FMLA as unpaid maternity leave.
Do Men Have Rights Under the Pregnancy Discrimination Act?
The courts do not protect men or fathers under the Pregnancy Discrimination Act. Fathers want to accompany expectant mothers to doctor appointments. However, they are not entitled to take time off under the Pregnancy Discrimination Act.
However, men may qualify to take leave for doctor appointments and maternity leave to bond with their new child or care for the child’s mother under the FMLA if they work for a qualified company.
How Do You File a Claim for Pregnancy Discrimination at Work?
You can file your PDA violation claim with the Equal Opportunity Commission (EEOC). The statute of limitations is 180 days. However, if you live in a state with laws protecting you against pregnancy discrimination, the time limit to file your claim jumps to 300 days.
Many states also have their own laws protecting women against pregnancy discrimination at work. The state laws may provide a longer statute of limitations or better protections for you than the PDA.
Many state laws also include reciprocal agreements with the EEOC. As a result, if you file your claim with the EEOC, it automatically gets filed with the state. The same is true if you file your charge with the state first.
Contact an experienced employment discrimination lawyer to discuss your claim options. The pregnancy discrimination attorneys at the Derek Smith Law Group can help ensure you file your claim within the proper time frame and under the laws best suited for your claim.
What Remedies May Be Available for Pregnancy Discrimination in the Workplace?
As a victim of pregnancy discrimination in the workplace, you have the right to file a compensation claim. The courts look at pregnant women more favorably than the employer who discriminates against them.
Some of the remedies that may be offered by the courts include:
- Offering your job back to you
- Reinstating your benefits
- Paying for your medical and other related expenses
- Providing back and future pay
- Money for pain and suffering and emotional distress
- Paying punitive damages
How Can a Qualified Employment Discrimination Lawyer Help Your Pregnancy Discrimination Case?
Pregnancy discrimination is especially horrific because you are pregnant. Your body is growing a human being. You are often tired, emotionally worn out, and worried about everything from finances to being a good parent.
Adding any form of discrimination or retaliation to pregnancy’s biological changes can be more than many women should ever handle. Fighting back against the treatment may be necessary. However, it can be too much to add to your plate if you are alone.
A qualified pregnancy discrimination lawyer can help you fight for your rights so you can focus on your health and the health of your child. Your attorney can help you sort through the details of your case. They can help you develop a claim to submit for a federal or state court case.
Your attorney can take the stress of litigation off of your plate. They can work as your guide, confidant, and advocate. They can help make sure you meet every deadline. They can draft your claim in the best manner to let your story shine through on paper.
Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation
You have the right to enjoy your pregnancy and start a family without worrying about your right to work. Your employer does not have the right to intimidate you, make fun of you, fire you, or deny you reasonable accommodations because you are pregnant.
If you are the victim of pregnancy discrimination in the workplace, the experienced employment discrimination at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help. We will not accept payment until you win your case.
Do you have any questions about pregnancy discrimination at work? Would you like to know more about your rights in the workplace? Please ask your questions by calling us at 800.807.2209 or emailing [email protected]. You can contact us through our website as well.