What does Pregnancy Discrimination Look Like in the Workplace?
Pregnancy discrimination is the unfair treatment of a pregnant employee by their employer on the grounds of pregnancy, child birth, or related conditions. A few examples of pregnancy discrimination in the workplace are listed as the following:
• Refusing to hire a pregnant employee
• Denying the same or similar job to a pregnant employee when she returns from pregnancy leave/maternity leave
• Failing to grant the male employee or husband of wife health insurance coverage for her pregnancy related conditions if he has comprehensive health insurance coverage
• Firing or demotion of pregnant employee
• Denial of time off or providing appropriate accommodations for pregnant employees
• Forced time off or restrictions on work for the pregnant employee
• If a woman is temporarily unable to perform her job due to medical conditions the employer by law must treat her equality as he/her would any other temporarily disable employee
To win a pregnancy discrimination case one must show evidence that they were treated differently by their employer/employees based on their pregnancy. Evidence, for example, would be an employer’s decision not to hire you was based on your pregnancy. A few examples include:
• If an employer asks you during an interview if you plan on having kids or if you already have children
• An employer fires a woman after she informs employer she is pregnant
• A pregnant woman is denied time off for doctor visits or visits pertaining to her pregnancy
Circumstantial evidence would be if you employer denied or didn’t admit that pregnancy played a role in the decision of termination or unfair treatment. For example:
• If you were terminated for performance issues but your coworkers who display those same performance issues at work were not terminated
• If you were terminated from work a day before your maternity leave or medical leave
The Pregnancy Discrimination Act of 1978 under Title VII prohibits sex discrimination on the grounds of pregnancy, childbirth, or related medical conditions. Pregnant women are also protected under the Rehabilitation Act which allows reasonable accommodations and protection from employers. Often employers believe because a woman is pregnant she is unable to successfully perform her job in a fast-paced environment. Sometimes, pregnant women are stereotyped to be less committed to their job while pregnant.
What should you do if you feel victim to pregnancy discrimination?
- Contact your Human Resources department to make sure the discrimination is properly addressed and documented.
- Make sure you record and gather as much information as possible that might help your case.
- Seek legal representation from legal counsel. Seeking the advice from an experienced lawyer will be beneficial to you, especially one who specializes in Employment law such as wrongful termination, gender discrimination, or pregnancy discrimination.
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Walton + Brown, LLP takes pride in having a successful civil rights and personal injury practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 440 lawsuits filed and over $14 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys. They practice in areas of employment law, civil rights and serious personal injury litigation.
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