Making Derogatory Comments Against Pregnant Employees Is Pregnancy Discrimination and Prohibited by Law.
Federal and state laws prohibit employers and their staff from making derogatory comments against pregnant employees. Making derogatory comments against pregnant employees is considered a form of pregnancy discrimination. You have the right to work in a place free from discrimination when you are pregnant. If your employer violates this right, you have the right to seek compensation.
You deserve a pregnancy discrimination lawyer that can help you fight for your rights. The dedicated employment discrimination lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help you fight for your rights as a pregnant employee.
What Is Discrimination Based on Derogatory Comments Against Pregnant Workers?
What Are Some Examples of Discrimination Based on Derogatory Comments Against Pregnant Workers?
When derogatory comments occur constantly, they can create an environment that makes it impossible for a pregnant employee to function at her job. Some examples of derogatory comments against pregnant workers include:
- An employer tells a pregnant worker she looks like she is carrying twins.
- A coworker continues to make offensive jokes about pregnant women in the office.
- Your supervisor tells you that you gained too much weight to have a healthy pregnancy.
- Your manager tells you that you will never be a good employee now that you are pregnant.
- A client tells you pregnancy brain is not good for business and refuses to work with you.
- Your CEO keeps harassing you because you plan to take 12 weeks instead of 8 weeks for maternity leave. He says the extra 4 weeks is just being lazy.
What Laws Protect Pregnant Workers from Derogatory Comments in the Workplace?
Several federal and local laws prohibit pregnancy discrimination and harassment in the workplace.
- Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees based on sex. Derogatory comments against women constitute gender discrimination. When these comments are made, they create a hostile work environment.
- The Pregnancy Discrimination Act (PDA) prohibits employers from harassing pregnant workers. Employers cannot make negative employment decisions against pregnant workers under this law. That includes allowing pregnant women to be harassed in the workplace.
- The Americans with Disabilities Act Amendments Act (ADAAA) prohibits employers from harassing people with disabilities. Pregnancy is not a disability. However, pregnancy complications can be considered a disability. When an employer makes derogatory comments about a pregnant woman’s complications, the employer may be violating the ADAAA.
Pregnancy Discrimination State Laws
Many state laws prohibit pregnancy discrimination in the workplace based on derogatory comments. Discuss your options with an employment attorney in your state to determine the laws best suited for your claim.
When Should You File Your Lawsuit for Pregnancy Discrimination Against Your Employer?
To file a complaint about pregnancy discrimination in federal court, you must first file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC sets the statute of limitations to file your charge between 180 and 300 days, depending on your state.
Contact a pregnancy discrimination lawyer to determine the time frame available to file your charge for discrimination under federal laws and the laws in your state.
What Compensation Is Available for Pregnant Workers Receiving Derogatory Comments at Work?
You have the right to seek compensation when you receive derogatory comments at work based on your pregnancy. You may ask the courts to insist your employer reimburse you for lost wages, medical expenses and premiums, emotional distress, and pain and suffering. You can even ask for employers to reinstate your employment and change their policies. Your pregnancy discrimination lawyer can help you decide the best options for relief regarding your claim
Should You Work with a Pregnancy Discrimination Lawyer for Your Case?
Pregnancy discrimination takes many forms. It can appear as retaliation, such as getting you fired from work. It can appear as sexual harassment or harassment. When you receive derogatory comments against your pregnancy, you need a lawyer to help you draft your complaint under the appropriate laws.
Your pregnancy discrimination lawyer can help you fight against any form of wrongful termination, harassment, and retaliation based on your pregnancy. They can help you work towards a settlement from the beginning of the process. They will stand by your side from the moment you walk into their office until you settle your claim or through trial as needed.
Contact Our Experienced Pregnancy Discrimination and Harassment Attorneys for Your Free Consultation
Pregnancy should be a special time in a woman’s life. Derogatory comments in the workplace should not destroy it. If you are the victim of pregnancy discrimination and harassment in the workplace, the Derek Smith Law Group’s experienced attorneys can help.
Are You Pregnant? Do Your Coworkers, Bosses, or Others in the Workplace Make Derogatory Comments Against You? Does Your Employer Ignore Your Complaints? Please Call Us at 800.807.2209 to Learn More About Your Rights.