Your Pregnancy Cannot Result in Any form of Discrimination, Including the Denial of a Promotion.
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.
What Is Discrimination Based on Pregnancy?
Retaliation due to pregnancy
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.
How Do You Prove You Have Been Denied a Promotion Due to Pregnancy?
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.
An example of disparate evidence may appear as follows:
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.
What Laws Protect Female Employees Against a Denial of a Promotion Due to Pregnancy?
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.
What Rights Do Pregnant Employees Have as Victims of Pregnancy Discrimination and Retaliation at Work?
What Type of Compensation Can a Person Denied a Promotion Due to Pregnancy Receive?
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.
How Can A Pregnancy Discrimination Lawyer Help You File Your Claim?
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.
Contact Our Experienced Pregnancy Discrimination Attorneys for Your Free Consultation
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 [email protected] for a Free Consultation.