Pregnancy is a life-changing journey for a woman, but unfortunately, it sometimes leads to discrimination in the workplace. Initially, you will be cut off from a few projects, and as the days pass, you will be questioned for petty issues that didn’t even exist earlier. But is it fair to act this way? Aren’t there any laws protecting the rights of pregnant employees?
There are laws, such as the Pregnancy Discrimination Act of 1978, to ensure fair treatment in the workplace for employees. In this article, we will discuss what exactly pregnancy discrimination is and how a pregnancy discrimination lawyer can help you in protecting your rights.
What Exactly is Pregnancy Discrimination?
Pregnancy discrimination refers to the unfair treatment of a woman because of pregnancy, childbirth, or a related medical condition. This form of discrimination can occur at any stage of employment, from hiring to firing, promotions, job assignments, benefits, and even training opportunities.
A woman might be passed over for a job due to visible pregnancy or denied accommodations that are routinely provided to other employees with similar temporary disabilities. It may also include harassment, such as negative remarks or being treated differently by coworkers or supervisors.
What Does the Law Say?
In the United States, pregnancy discrimination is illegal under several federal laws:
1. The Pregnancy Discrimination Act (PDA)
It is a modification of Title VII of the Civil Rights Act of 1964. It also prevents employers (who have 15 or more employees) from discriminating against employees or job applicants because of pregnancy, childbirth, or medical conditions associated with pregnancy or childbirth.
The U.S. Equal Employment Opportunity Commission ( EEOC ), the federal agency responsible for enforcing federal anti-discrimination laws, clearly outlines the protections of the PDA, stating that employers must treat women affected by pregnancy or childbirth the same as other employees with similar abilities or inabilities to work. The PDA requires employers to view pregnancy as they would any other temporary disability, as it applies to both employment and benefits.
2. The Family and Medical Leave Act (FMLA)
The FMLA entitles eligible workers to up to 12 weeks of unpaid, job-protected leave in any given year due to specific family and medical reasons, such as childbirth and care of a newborn child. It also requires that health benefits be maintained during the leave.
3. The Americans with Disabilities Act (ADA)
Although pregnancy is not a disability, pregnancy complications can be disabilities as defined by the ADA. Reasonable accommodations may be demanded of the employers in such instances.
Additionally, many states have their own laws offering broader protections than federal laws, including paid leave and expanded coverage for smaller employers.
How Do You Report Pregnancy Discrimination?
If you believe you are a victim of pregnancy discrimination, it’s essential to act promptly. Here are the steps to follow:
Document Everything
Keep detailed records of discriminatory actions, such as emails, written warnings, changes in job duties, or comments made by your supervisor. This documentation can be crucial in building your case.
Report Internally
First, report the issue to your Human Resources (HR) department or supervisor (if appropriate). Many companies have policies and procedures for handling internal complaints. Be sure to submit the complaint in writing and keep a copy for your records.
File a Charge with the EEOC
If the issue is not resolved internally or you feel unsafe doing so, you can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigates complaints and may take action or allow you to file a lawsuit. The complaint must typically be filed within 180 days of the discriminatory act (though this can be extended in certain cases).
Consult with a Lawyer
A pregnancy discrimination lawyer who specializes in discrimination cases can help you understand your rights, strengthen your complaint, and guide you through the legal process.
Why Should You Hire a Pregnancy Discrimination Lawyer?
Hiring a pregnancy discrimination lawyer can make a significant difference in the outcome of your case. Here’s why:
1. Legal Expertise
Employment laws are complex and vary from state to state. An experienced lawyer understands these laws and how they apply to your unique situation. They can determine whether you have a valid claim and assist you in filing a complaint properly.
2. Protecting Your Rights
A lawyer will ensure your rights are protected throughout the process, especially if your employer tries to intimidate you or retaliate after you file a complaint. Legal support can provide the confidence to move forward.
3. Maximizing Compensation
Lawyers know how to calculate the full extent of damages you may be entitled to, such as lost wages, emotional distress, legal fees, and more. Their negotiation skills can help secure a better settlement or outcome if the case goes to court.
4. Trial Representation
If your case progresses to court, a lawyer will handle all the legal proceedings, file motions, present evidence, and advocate on your behalf. Having strong representation increases the chances of success.
What Damages Can Be Recovered If You Win a Pregnancy Discrimination Case?
Winning a pregnancy discrimination case can result in compensation for various damages. These include:
Back Pay
It consists of wages, bonuses, and benefits that you lost as a result of wrongful termination, demotion, or loss of hours. The back pay is computed between the discriminatory act and the judgment or settlement reached in court.
Front Pay
When reinstatement is not feasible (say, when the working environment is too hostile), the court can order front pay, which is the payment of future wages.
Compensatory Damages
You can receive compensation for emotional distress, mental anguish, reputational damage, and other non-economic damages caused by discrimination.
Punitive Damages
Where the actions of the employer were particularly malicious or reckless, the law can order the employer to pay punitive damages as a means of punishing the employer and preventing future wrongful acts.
Legal Fees and Costs
In the event that you prevail in the case, your employer can be instructed to pay your attorney fees and costs, as well as other expenses incurred during the litigation process.
Reinstatement
In certain instances, the courts can also compel your employer to reinstate you or to give you back your old job and duties.
Contact a Pregnancy Discrimination Lawyer Today!
Facing pregnancy discrimination in the workplace is a challenging and emotionally taxing experience, especially during this stage when you are ready to welcome a newborn into your life. In such cases, hiring an experienced pregnancy discrimination lawyer is the right choice. With over 15 years of experience, our team at Cohen & Fitch LLP is well-versed in handling these cases.
