Pregnancy Discrimination Attorneys
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If You’re Facing Pregnancy Discrimination at Work, We Can Help. Learn About Your Rights.
Pregnancy discrimination is a common problem in the workplace. With pregnancy comes a host of considerations for the expectant mom, but job and pay security, or the ability to attend appointments, take time off, and care for yourself and your baby (pre and post-birth) should not be among them. Numerous federal and state laws shield pregnant women and new mothers from targeted discrimination.
However, many employers and employees are unaware of these protections and their practical impact. Whether you’ve been fired after pregnancy, denied reasonable accommodations, subject to harassment, or any other pregnancy-related scenario, we’ll explain your pregnant employee rights. Read our legal overview, and contact us for a consultation with a pregnancy discrimination lawyer about your specific situation.
Which Federal and State Laws Protect Women from Pregnancy Discrimination?
Identifying your precise rights depends on several factors, including your location (state, county, city, etc.), your employment and employer, whether your pregnancy or childbirth experience causes any medical disabilities, and the specific facts of your situation. However, there are some basic federal laws to know. Whether and how these protections impact your case will be determined by your pregnancy discrimination attorney. The most important federal laws are:
- Title VII of the Civil Rights Act (Title VII).
- Pregnant Workers Fairness Act (PWFA).
- The Americans with Disabilities Act (ADA).
- The Family and Medical Leave Act (FMLA).
- The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).
What Does It Mean? Pregnancy Discrimination in the Workplace
Pregnancy discrimination in the workplace encompasses any type of unfair treatment based solely on the fact that you are pregnant, may become pregnant, or recently gave birth.
Signs and Examples of Pregnancy Discrimination
According to the EEOC and other sources, some common fact patterns involving pregnancy discrimination include:
- Job rejection, firing, or promotion denials for pregnant women (or women they fear may become pregnant).
- Firing or refusing to bring back pregnant workers who took medical leave.
- Controlling opportunities available to pregnant workers (such as forcing them to work fewer hours, take certain assignments or pay cuts, or take time off).
- Treating pregnant workers differently than non-pregnant workers regarding medical-related accommodations.
- Harassing pregnant or recently post-partum workers based on their pregnancy or any related factors (such as time-off, accommodations, body changes, etc.).
- Making it difficult for nursing mothers to pump or store breast milk or denying nursing/lactating mothers the right to return to work.
- Making it difficult or refusing to allow pregnant or post-partum workers to attend medically necessary appointments.
- Any type of retaliatory action based on a pregnant employee seeking accommodations.
How Can Lawyers for Pregnancy Discrimination Help You
A lawyer for pregnancy discrimination is an indispensable ally in any workplace fight over the unjust treatment of a pregnant or recently pregnant worker. One of our knowledgeable and experienced pregnancy discrimination attorneys can help by doing the following:
- Listen and Answer Questions. They will listen to your story and answer questions.
- Legal Issue spot. Identify any potential violations of federal, state, and local protections for pregnant or recently post-partum workers that may be implicated in your situation.
- Plan and Advise on Next Steps. Develop a plan of action for the next steps. This may involve advising on your actions with respect to any ongoing needs you have for medical treatment and accommodations.
- Reporting and Communication. Handle or advise on reporting or communications with your employer and/or HR department.
- File a lawsuit. If your situation requires legal action, we’ll file a lawsuit on your behalf.
- Get you compensation. If you are entitled to compensation, we will seek it on your behalf.
- Follow up. Your pregnancy discrimination lawyer will remain available for ongoing assistance.
It’s worth noting that some people refer to an attorney for pregnancy discrimination as a pregnancy discrimination solicitor. Regardless of how you refer to us, we can help you fight back and recover from discrimination or harassment.
Helping Pregnant Women Fight Unfair Treatment in the Workplace
If you’re looking for “pregnancy discrimination lawyers near me,” a pregnancy discrimination lawyer at our law firm can help.
Pregnancy Discrimination Attorneys
Daniel Cohen
Frequently Asked Questions
You should carefully keep notes and documentation to support your belief that you’re being discriminated against. For instance, keep detailed notes about every interaction, event, phone call, etc. Write down dates, times, and detailed summaries as close in time to the event as possible. Print and retain copies of emails or other written communications. Include information about your pregnancy-related medical appointments or the handling of medical or disability accommodations for co-workers that you’re aware of. Contact a pregnancy discrimination lawyer to discuss your legal and life considerations and the best steps for handling it.
There is no single value that can be attributed to all, or even many, pregnancy discrimination cases. As with all forms of discrimination that occur in the workplace, pregnancy discrimination will impact people differently. Factors like your job, your financial situation, your medical situation, the types and timing of engagement and communication you had with your employer and colleagues, where you live, where you work, the overall implications of the harassment, mistreatment, or discrimination you faced, etc., will all play a role in determining the amount of compensation you receive through a lawsuit settlement or verdict.
It is not necessarily illegal to fire a pregnant employee. However, it is unlawful to fire a pregnant employee for being pregnant or for requesting any reasonable pregnancy-related accommodations. For instance, a pregnant employee caught stealing from the employer can be fired, just as any non-pregnant employee would be fired for the same action. So, the facts of the specific situation will need to be assessed to determine the cause of the termination and whether there is sufficient evidence or information to support the cause being directly related to the fired employee's pregnancy.
You prove pregnancy discrimination through evidence of verbal and written communication and actions taken. This can include your statement regarding the events and actions, statements of witnesses to any relevant interactions, documentation of written communications, emails, reports, records, or other sources kept by you, your employer, human resources, etc. And review of medical files and employment files. Sometimes, a singular event, such as your boss advising that you cannot return to work after taking reasonable time off for pregnancy-related medical needs, is sufficient to prove the case. Other times, establishing a pattern of conduct is necessary.