The Pregnant Workers Fairness Act (PWFA) covers protections for pregnant employees and workers with pregnancy-related conditions. This federal law requires employers to provide reasonable accommodations to pregnant workers.
These adjustments help workers do their work without unnecessary challenges. An employer is only exempt if the accommodation causes the company significant hardship. Pregnancy-based discrimination is illegal, so employers must make changes to support their pregnant employees.
If you believe you have experienced biased treatment because of pregnancy or a pregnancy-related condition, our Boston pregnancy discrimination lawyer can help you explore your legal options during a free consultation.
What Protections Does the Pregnant Workers Fairness Act (PWFA) Cover?
The Pregnant Workers Fairness Act (PWFA) is a federal law requiring pregnant employees to receive job accommodations such as:
- Extra rest breaks
- Modified work schedules or tasks
- Light duty or help with heavy lifting
- Time off to recover from childbirth
Requiring employers to provide reasonable modifications can help prevent discrimination so that pregnant workers are not forced to quit or take unpaid leave.
How the PWFA Works to Prevent Pregnancy Discrimination
In addition to requiring employers to treat pregnant workers fairly, the PFWA makes it unlawful for employers to punish workers for requesting accommodations or for being pregnant. This means employers cannot fire, demote, or treat you unfairly because of your pregnancy.
The law ensures that pregnant workers are treated the same as other employees with medical needs. Employers can’t deny you opportunities or benefits just because you’re pregnant.
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Who Qualifies for Accommodations Under the PWFA?
Under the PWFA, workers who are pregnant or have health issues related to pregnancy can qualify for accommodations. This includes employees who:
- Are currently pregnant
- Have recently given birth and need time to recover
- Have medical conditions related to pregnancy, like high blood pressure or gestational diabetes
To qualify, you need to work for an employer with at least 15 employees. As long as the accommodation is reasonable and doesn’t cause the employer too much hardship, they must provide it.
You do not need to take medical leave to qualify for these accommodations; you can continue working with adjustments made to your job responsibilities.
What to Do if Your Employer Denies Workplace Accommodations
If your employer denies you reasonable accommodations allowed under the PWFA, you can take several steps to protect yourself and your possible case.
Talk to Your Employer
Sometimes, the denial could be a misunderstanding. You can have a conversation with your employer or HR department to clarify why you need the accommodation and how it will help you continue working.
Get a Doctor’s Note
If you haven’t already, ask your doctor for a note that explains your medical condition and why the accommodation is necessary. This can help support your request.
File a Complaint with the EEOC
If your employer still denies the accommodation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). It is responsible for enforcing the PWFA and can investigate your claim.
Consult a Lawyer
If you need legal help, you can reach out to our Boston employment discrimination lawyers, who understand state and federal pregnancy discrimination laws. We can explain your rights and guide you through the next steps.
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How to Gather Evidence for an Accommodation Denial Claim
If your employer denies you workplace accommodations due to pregnancy, you must collect evidence to support your claim. This can support your case if you pursue filing a complaint or pursue legal action.
Here are some steps to follow:
- Document the denial: Write down what happened when your employer denied the accommodation. Include details like the date, time, and people involved in the conversation.
- Keep copies of all communications: Save any emails, letters, or texts that show your request for accommodations and your employer’s response. This can show that you asked for adjustments to your work duties.
- Get a doctor’s note: A note from your healthcare provider explaining your condition and why you need accommodations can strengthen your case.
- Track any harm done: If the denial caused harm, like missed income or health problems, keep records of this. You can use medical bills, pay stubs, or other documents that show how the denial affected you.
Gathering evidence early on can make a significant difference if you want to take legal action to protect your rights.
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How a Lawyer Can Help With a Pregnancy Discrimination Case
If you’re facing pregnancy discrimination at work, a lawyer from our firm can protect your rights and guide you through the process. We can:
- Review the details of your situation, including any denial of accommodations or unfair treatment, to determine if you have a strong discrimination claim.
- Communicate directly with your employer or its legal team, advocating for your rights and addressing potential conflicts.
- Gather evidence, such as emails, medical records, and witness statements, for your case.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) or take legal action if necessary.
- Negotiate on your behalf for fair compensation for lost wages and other damages.
- Lead your court case: If we cannot resolve your situation during negotiations, we can advise you on how to file a lawsuit against your employer.
What Damages Can You Seek for Unfair Treatment Due to Pregnancy?
Various types of compensation could be available in your workplace pregnancy bias case. These include pay you missed if you had to take time off or were wrongfully terminated due to your pregnancy or related conditions.
You might be able to recover compensation for the stress, anxiety, or depression caused by the unfair treatment you experienced.
If your employer’s denial of accommodations led to health complications or required additional medical care, you may be able to recover those costs.
We Can Review What the Pregnant Workers Fairness Act Covers
If you are thinking about taking action for workplace discrimination based on your pregnancy, Duddy, Goodwin & Pollard can lead your case. As we talk with you to learn about your situation, we can explain what the Pregnant Workers Fairness Act covers and answer your questions.
Our firm is motivated by social justice, so we are committed to holding corporations accountable for unlawful practices. We are committed to getting justice for you and any compensation you are due. Call us today for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form