If you have experienced workplace discrimination based on your pregnancy, childbirth or request for parental leave, you may be seeking monetary damages. While many pregnancy discrimination cases end in settlements, filing a claim still means committing your time and energy. Before you decide to pursue a claim, it’s wise to consider how much you can receive for your effort.
The employment attorneys at Weisberg Cummings, P.C., may be able to help. Read on to learn more about what you may be able to expect.
Pregnancy Discrimination Settlements
Settlement is an informal, voluntary process that ends a legal dispute. Companies frequently prefer to settle employment claims rather than pay for what may be a lengthy investigation and trial. Once you settle, the charge is dismissed without any admission of liability.
Depending on whether your claim falls under federal or state laws, you will start by filing a claim through:
- The U.S. Equal Employment Opportunity Commission (EEOC).
- The fair employment office or civil rights agency for your state.
You and your employer can choose to settle at any point during the investigation and even after litigation begins.
Average Settlement Amounts
The EEOC recorded 2,417 resolved claims in 2021. With a settlement rate of just over 13%, the monetary benefits that came from these resolutions totaled $14 million. According to a report by the University of Massachusetts Amherst’s Center for Employment Equity, non-litigated claims had an average payout of $17,976.
While it’s more challenging to estimate average settlement amounts for cases that reach litigation, successful cases can provide some helpful context. Here are some recent examples:
- Rainbow USA, Inc.: In January of 2020, the apparel chain Rainbow USA, Inc. settled a pregnancy discrimination lawsuit by issuing $11,000 in back pay. The settlement came after the EEOC filed a suit in Louisiana. According to the terms of the agreement, Rainbow USA, Inc. also agreed to train employees on its new nondiscrimination policy.
- Orlando Float: In February 2020, the massage therapy company Orlando Float agreed to pay $27,000 to settle a pregnancy discrimination lawsuit. The settlement also included a five-year consent decree requiring the company to provide equitable relief to prevent similar future discrimination.
- DLS Engineering Associates, LLC: In April of 2022, federal contracting company DLS Engineering Associates, LLC settled a pregnancy discrimination lawsuit for $70,000 in damages. The EEOC filed suit on behalf of a woman whose job offer was rescinded when she revealed she was pregnant. The consent decree also required policy changes to protect future applicants in similar situations.
Settlement amounts for pregnancy discrimination lawsuits can vary widely from case to case. An experienced discrimination attorney can help walk you through how much you can expect to receive if your claim is successful.
Pregnancy Discrimination Damages
“Damages” refers to the compensation sought or awarded in your pregnancy discrimination lawsuit. You can receive damages when a court awards them or when they are part of a settlement agreement.
Types of Damages
Pregnancy discrimination lawsuit awards can include two types of damages:
- Compensatory damages: These damages compensate for the losses you suffer as the injured party. They include economic damages like lost pay, out-of-pocket expenses and litigation costs. However, compensatory damages also cover noneconomic impacts like pain and suffering, damage to your reputation and mental anguish.
- Punitive damages: Only awarded in addition to compensatory damages, punitive damages are a means of making an example of the defendant in extreme cases. You might receive punitive damages if you can prove the discrimination was malicious or recklessly indifferent.
The Civil Rights Act of 1991 places caps on the total compensation the courts can award for punitive damages and pain and suffering based on the company’s size. However, it’s important to note that these caps do not include lost pay damages, which can cover salary, healthcare costs, bonuses, pensions and vacation time.
How Are Damages Determined?
You can pursue your pregnancy discrimination case under several different laws, including:
- The Pregnancy Discrimination Act: The Pregnancy Discrimination Act (PDA), created in 1978, is an amendment to Title VII of the Civil Rights Act of 1964. Under the PDA, it’s illegal to discriminate based on pregnancy, childbirth or other related conditions. Another amendment to Title VII, the Civil Rights Act of 1991, allows plaintiffs to seek compensatory and punitive damages.
- The Americans With Disabilities Act: Title I of the ADA states that employers must provide reasonable accommodations to employees or applicants with disabilities. While the EEOC states that pregnancy is not a disability, it notes that pregnancy-related impairments may qualify as disabilities. A claim under the ADA may receive compensatory and punitive damages.
- The Pennsylvania Human Relations Act: On the state level, the Pennsylvania Human Relations Act (PHRA) prohibits discrimination based on pregnancy and grants protections for pregnancy-related disabilities. While the PHRA allows plaintiffs to seek compensatory damages, it does not offer provisions for punitive damages.
- The Family and Medical Leave Act (FMLA): If your employer terminates your employment in violation of the FMLA, you may be entitled to recover lost wages and, in most circumstances, an equal amount in liquidated damages.
The court will determine the damages based on these laws if your case goes through the entire trial process. However, the cost of the trial and the damages they will owe if they lose mean most companies prefer to settle rather than go to trial. If you decide to accept a settlement, you and your employer will reach an agreement on the damages they will pay.
What Is My Pregnancy Discrimination Case Worth?
Determining how much your pregnancy discrimination lawsuit is worth will depend on:
- The details of your case.
- The strength of your evidence.
- The skill and experience of your attorney.
Since compensatory damages may include lost pay, your salary will determine how much you might receive. Similarly, compensation for pain and suffering or damage to your reputation will depend on the details of your situation and how much you can prove.
If your claim for emotional damages reaches trial, the jury will decide the damages amount — they are free to award you any amount they choose. However, the judge may decide to reduce an award they find to be excessive, and damages caps may exist under certain laws.
Your best chance at recovering damages starts with hiring an experienced pregnancy discrimination attorney. According to a study published by the Center for Employment Equity at the University of Massachusetts Amhert, hiring legal counsel for pregnancy discrimination claims raises the average compensation from $13,527 to $33,427. Your attorney can help you determine what claim to file and guide you through the process to ensure you are able to receive the total damages you deserve. You’ll also have a knowledgeable professional in your corner if you decide to negotiate a settlement.
Get a Free Consultation
If you have lost a job or employment opportunity because of your pregnancy, Weisberg Cummings, P.C. can give you the legal support you need to pursue a pregnancy discrimination lawsuit.
With over 40 years of combined experience in employment law, our pregnancy discrimination attorneys are ready and waiting to fight for your rights. At Weisberg Cummings, we believe in providing personalized service for all our clients. We will take the time to learn about you and your situation and give you the opportunity to take an active part in building your legal strategy.
We represent clients in Harrisburg, Lancaster, Lebanon, Reading, York, Mechanicsburg and throughout Pennsylvania. Contact our office today for more information or to book your consultation.
