The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won
TABLE OF CONTENTS
An employer cannot deny you a promotion based on your pregnancy. Doing so is a form of discrimination that is prohibited by both federal and state laws. Pregnancy discrimination laws prohibit employers from using your pregnancy as a reason to deny you a promotion, fire you from work, demote you, or otherwise retaliate and discriminate against you.
If you are denied a promotion due to pregnancy, you have the right to stand up against pregnancy discrimination and receive the promotion you earned. When your employer denies you that right, you have the right to seek compensation. You need a pregnancy discrimination lawyer that will fight discrimination and retaliation with you and advocate for your rights.
When your employer punishes you for being pregnant or assumes you can no longer do your job, they violate the law. This treatment is known as discrimination.
Discrimination occurs when your employer makes negative employment decisions based on your status in a protected class, including pregnancy.
Denying you a promotion simply because you are pregnant is a form of discrimination.
Retaliation is a form of discrimination that occurs when your employer punishes you for either speaking up about illegal activities because you are a protected class member or reporting a discrimination or harassment incident to HR or a supervisor.
Pregnancy retaliation occurs as wrongful termination (getting fired from work due to pregnancy), denied promotions, demotions, negative employment reviews and write-ups, unnecessary transfers, shift changes, and more. If you experience any form of discrimination or retaliation based on your pregnancy, your employment lawyer can help you fight for your rights.
You likely have a gut feeling that your employer denied you a promotion because of your pregnancy. However, your gut feeling is not enough to help prove your case. Instead, you need to have evidence you were denied a promotion due to pregnancy.
There are three ways to prove retaliation based on pregnancy. You can have direct evidence of retaliation and discrimination. Direct evidence means that you are told, emailed, or overheard someone say that you were denied the promotion because of your pregnancy or medical condition.
However, many times, you are likely to have disparate (circumstantial) evidence. Disparate evidence means that your employer changes his attitude and denies you the promotion as soon as he learns of your pregnancy. There must be a close timeline between him learning of your pregnancy and the denied promotion.
Your employer praised you before learning of your pregnancy. He told you about a promotion that will be “yours for the taking” when it becomes available in three months. Two months later, you tell him you are pregnant with your second child. He congratulates you.
When it comes time to interview for the promotion, your boss interviews you and three other candidates who were not as qualified as you. Your boss gives the promotion to one of the other, less qualified candidates. You believe your boss’s attitude towards you changed as soon as he learned you were pregnant, resulting in the denied promotion.
Some companies have policies regarding advancements. Policies may state that pregnant employees and other employees with medical conditions or commitments outside of the workplace may not receive promotions. These policies are discriminatory. They can be used as policy evidence to prove your denied promotion was based on your pregnancy.
Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.
View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
It is illegal to use pregnancy as a reason for any employment decision, including refusing a promotion. Federal and state laws prohibit employers from making negative employment decisions against women because they are pregnant.
The Pregnancy Discrimination Act (PDA) prohibits employers from making any negative employment decisions due to pregnancy or harassing pregnant employees. It also prohibits any retaliation against employees due to pregnancy, such as wrongful termination, denied promotions, demotions, and more.
If you are denied a promotion because you are pregnant, you have the right to file a lawsuit against your employer. First, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. To find out your rights under state laws relating to pregnancy discrimination, speak with a qualified employment discrimination lawyer in your state. They can advise you of your rights under your state’s laws and the proper statute of limitations to file your claim.
When your employer denies you a promotion you deserve simply due to your pregnancy, you have the right to request compensation. You may want your employer to reinstate your job and offer you the promotion.
You may want reimbursement of any benefit premiums, lost pay, and attorney costs. You may also want and deserve money for pain and suffering, emotional distress, and even punitive damages.
Your pregnancy discrimination lawyer can help you determine the relief to request in your demand letter or settlement negotiations.
When your boss denies you a promotion because of your pregnancy, you have a right to fight back. A pregnancy discrimination lawyer can help you by using their extensive knowledge of federal and state discrimination laws. They can help you file a claim for pregnancy discrimination and retaliation under the proper laws best fitting your case.
Your employment discrimination attorney will work as your advocate. They will attempt to negotiate a settlement from the moment you decide to file a lawsuit. They can stand by your side and prepare you for every aspect of the case process, from filing your initial charge to preparing for depositions to the start of the trial process. They will stand by your side in the courtroom to ensure you receive the best opportunity to obtain the justice you deserve.
Being pregnant is not a reason to be overlooked at work. If you are the victim of pregnancy discrimination, the experienced attorneys at the Derek Smith Law Group can help.
Were You Denied a Promotion at Work Based on Your Pregnancy? Do You Want to Know More About Your Rights? Please Call Us at 800.807.2209 or Email derek@dereksmithlaw.com for a Free Consultation.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.
Our experienced employment lawyers are dedicated to resolving your workplace rights concerns with expertise and care.