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Pregnancy discrimination in the workplace is illegal in Philadelphia. It is a form of sex or gender discrimination and is prohibited under both federal and state laws. It occurs when an employee or job applicant is treated unfairly or harassed by her employer, supervisor/manager, CEO, co-worker, vendor, client, or any non-employee simply because she is either pregnant or expecting, wants to become pregnant, or recently gave birth. For the past 25 years, the experienced lawyers at the Derek Smith Law Group have helped women, just like you, get the compensation they deserve as victims of pregnancy discrimination.
Pregnancy discrimination in Philadelphia occurs when an employee or job applicant is treated unfairly or harassed by her employer, supervisor/manager, co-worker, CEO, client/customer, vendor, or other non-employee of the company because she is pregnant or expecting a baby, recently gave birth or is planning on starting a family. Federal and state laws prohibit this treatment as well as discrimination against a man because his wife or girlfriend is pregnant, just had a baby, or is trying to get pregnant. Philadelphia law considers pregnancy to be a form of temporary disability. Therefore, pregnant women must be afforded the same rights as any employee who is considered temporarily disabled.
The Pregnancy Discrimination Act of 1978 (PDA) is an amendment to Title VII of the Civil Rights Act of 1964. Under PDA, pregnancy discrimination, which is a form of sex discrimination, prohibits unfair treatment and harassment based on pregnancy, childbirth, or related medical conditions in any workplace with 15 or more employees in Philadelphia.
The Family Medical Leave Act (FMLA) protects your job if you are pregnant as long as you work for a company with 50 or more employees within 75 miles of your office and have worked for the company for at least a year with at least 1,250 hours worked in that year. Under FMLA, pregnancy qualifies you to take unpaid leave from your place of work for up to 12 weeks in a one-year period, during which time, your job, or a comparable job must be available for you when you return to work.
FMLA is often used to provide unpaid maternity leave and paternity leave for new parents. The Pennsylvania Human Rights Act (PHRA) provides the same protections as the PDA to Pennsylvania workers throughout the state who work for companies with 4 or more employees.
Finally, the Philadelphia Fair Practices Ordinance (PFPO) provides legal protections to employees who are pregnant or expecting, recently gave birth, or have related medical issues. Part of the protections, which go beyond temporary disability protections and even discrimination protections, include additional accommodations, such as more frequent bathroom breaks and even adjusting a pregnant employee’s job to work with her pregnancy limitations
In order to prove pregnancy discrimination in Philadelphia, you must have either direct evidence, disparate evidence, or policy evidence.
Pregnancy discrimination can take many forms in Philadelphia. It can be outwardly offensive or may be more subtle and not as noticeable. Some examples of pregnancy discrimination include, but are not limited to:
The Equal Employment Opportunity Commission (EEOC) Handles all claims that fall under the Pregnancy Discrimination Act (PDA). You have a time limit of 300 days to file a claim with the EEOC for pregnancy discrimination. The EEOC will then investigate the claim and issue a Right to Sue Letter if the claim is valid under the guidelines of the PDA, which allows you to then file a lawsuit in federal court.
The FMLA allows you 2 years from the date of the violation to file a lawsuit for an accidental violation and 3 years for a deliberate violation.
The PHRA allows you a time limit of 180 days to file a claim with the Pennsylvania Human Relations Commission (PHRC). The PHRC will investigate your claim of pregnancy discrimination and issues you a letter giving you the right to pursue your claim in court.
Finally, the PFPA offers a time limit of 300 days to file a claim of pregnancy discrimination. It should be noted that a claim will not be accepted if a claim has been filed with the Pennsylvania Human Relations Commission.
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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
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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
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As a victim of pregnancy discrimination in the workplace, it is only natural you would want to know what remedies are offered for your claim. The court may offer the following relief for your pregnancy discrimination claim:
A lawsuit for pregnancy discrimination can last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement before you get to trial, your case may settle in as little as 4 to 6 months.
However, if your employer insists on going to trial, your case may take 8 months to a year or longer to prepare. The trial may then take anywhere from a few days to several weeks or more until a judgment is entered by the court.
Making the decision to file a lawsuit for pregnancy discrimination against your employer is not an easy one. However, as you make your decision, here are a few things you can do to help move the process along.
Pregnancy should be exciting! You have enough to worry about while pregnant. You should never have to worry about whether you will be discriminated against at work because of it.
If you are a victim of pregnancy discrimination in Philadelphia, the experienced lawyers at the Derek Smith Law Group can help. Call us today at (215) 391-4790 for a free consultation.
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