To prove pregnancy discrimination, you must show your employer treated you unfairly because of your pregnancy. This means gathering evidence like documenting negative actions, comparing your treatment to non-pregnant employees, and collecting witness statements.
You should also review company policies to see if your employer violated any rules regarding pregnancy or maternity leave. If so, you can file a formal complaint. If you want to explore your legal options, our Boston pregnancy discrimination lawyer can advise you further.
What Is Pregnancy Discrimination, and How Does It Occur?
When pregnancy discrimination occurs in the workplace, it means an employer is treating an employee unfairly because they are:
- Pregnant or planning to become pregnant.
- Recovering from recently giving birth.
- Experiencing pregnancy-related medical conditions.
- Seeking maternity leave.
- Breastfeeding or pumping at work.
- Requesting reasonable workplace accommodations for pregnancy.
- Caring for a newborn.
Examples of Pregnancy-Based Workplace Discrimination
Common examples of how pregnancy discrimination in the workplace include the following:
- Firing or demotion: An employer may terminate or demote an employee because of their pregnancy.
- Denying promotions: Pregnant employees may be passed over for promotions for which they are qualified.
- Refusing reasonable accommodations: Employers might not provide accommodations needed for pregnancy, such as additional rest breaks or lighter duties.
- Forcing leave: Some employers force pregnant workers to take leave, even if they can continue working.
- Harassment or negative comments: Pregnant workers may face inappropriate comments or harassment related to their pregnancy.
- Denying benefits: Pregnant employees could be denied maternity leave or other benefits they are entitled to receive.
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Several Laws Shield Pregnant Workers From Discrimination
Several laws help protect pregnant workers from unfair treatment. The Pregnancy Discrimination Act (PDA) makes it illegal for employers to treat workers unfairly because of pregnancy, childbirth, or related conditions.
This law requires employers to treat pregnant workers the same as others who can or can’t do certain tasks.
The Family and Medical Leave Act (FMLA) gives workers up to 12 weeks of unpaid time off to care for a new child or address pregnancy-related health problems. Employers must hold the worker’s job while they are on leave and let them return to the same or a similar position.
Laws Also Require Reasonable Changes to Accommodate Pregnancy
The Pregnant Workers Fairness Act (PWFA) provides extra protections. Under the law, employers must provide reasonable accommodations for pregnant workers, such as more breaks or a lighter workload.
Employers cannot fire or refuse to hire someone just because they are pregnant or need accommodations unless doing so would be very difficult for the business.
These laws work together to make sure pregnant workers are treated fairly, can get the help they need, and are protected from being treated badly because of their pregnancy.
Steps You Can Take to Prove Pregnancy Discrimination at Work
If you believe you’ve faced pregnancy discrimination at work, you can gather evidence to prove you experienced pregnancy discrimination in the workplace. Such evidence can include:
- Keep records: Document any changes in your job duties, pay, performance reviews, or treatment after your employer became aware of your pregnancy. You can also note any denied requests for accommodations.
- Document harassment: If you’ve faced harassment, keep a log of incidents with dates, times, and any witnesses. This can help show a pattern of discriminatory behavior.
- Find comparisons: Show how your employer treated other non-pregnant employees differently in similar situations.
- Collect witness testimony: Statements from coworkers or supervisors who witnessed the discriminatory behavior can strengthen your claim.
- Review policies: Confirm the employer’s actions violated company policy or laws protecting pregnant workers.
- File a complaint: Report the discrimination internally or file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) to create an official record.
After you gather evidence to document that discrimination occurred, you can review your legal options with a Boston employment discrimination lawyer, who can advise you on your next steps.
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How a Pregnancy Discrimination Lawyer Can Lead Your Case
Our pregnancy discrimination lawyer can guide you through the legal process and help protect your rights if you’ve faced unfair treatment at work due to pregnancy. We can gather evidence, file claims on your behalf, and represent you in negotiations or court if necessary.
We can also explain the laws that apply to your case so that you understand your options and work toward a fair resolution. Working with an experienced attorney can make it easier to navigate complex legal procedures and resist unfair treatment.
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Recoverable Damages in a Pregnancy Discrimination Case
In a pregnancy discrimination case, you may be able to recover several types of damages, depending on your case. These can include:
- Back pay: If you were fired, demoted, or passed over for a promotion due to pregnancy, you could be compensated for lost income and benefits.
- Front pay: This payment covers future lost wages if reinstatement to your job isn’t possible.
- Emotional distress: This is compensation for the mental anguish or emotional pain you experienced after suffering discrimination.
- Attorney’s fees: You may be able to recover legal representation costs.
- Reinstatement: If appropriate, you may get your job back or be placed in a similar position.
These damages aim to help you recover from the harm caused by pregnancy discrimination. You can ask your attorney to explain the damages you can request and how to file a lawsuit against your employer if you cannot settle your case outside of court.
Time Limits for Filing a Pregnancy Discrimination Complaint
Working with an attorney can also help you keep your case on track and file it on time. The time you have to report pregnancy discrimination via a claim or complaint depends on the law you’re filing under and where you live.
For federal claims under the PDA, you generally have 180 days from the date of the discriminatory action to file a claim with the EEOC. This deadline may be extended to 300 days if your state has anti-discrimination laws and a state agency that handles such claims.
Our Lawyer Can Help You Prove Pregnancy Discrimination
The legal team at Duddy, Goodwin & Pollard is ready to support you and work to prove that you experienced unlawful treatment due to pregnancy.
Our firm handles labor and employment cases, fighting for our clients’ rights when employers engage in unlawful actions or unfair practices. Call us or contact us online to discuss your situation.
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