Discrimination due to pregnancy can happen at any workplace. Whether you were terminated due to pregnancy, denied leave or otherwise discriminated against before, during or after your pregnancy, the attorneys at Weisberg Cummings, P.C. can help.
What Are the Signs of Pregnancy Discrimination?
New parents should benefit from the same hiring practices as everyone else. Unfortunately, whether overtly or subtly, many employers discriminate due to pregnancy. New or expectant parents may face pregnancy discrimination in several ways, including:
- An employer refusing to recognize parental leave: In the United States, the Family and Medical Leave Act (FMLA) guarantees parental leave to new parents. If your employer refuses to give you the necessary leave, you may have a pregnancy discrimination case.
- An employer refusing to consider a job applicant: A potential employer should provide the same opportunities to all qualified applicants, regardless of pregnancy. Interview questions about whether you are or intend to become pregnant may indicate an intent to discriminate based on pregnancy.
- An employer denying opportunities: Actions such as demoting, terminating, reducing hours, refusing to promote or otherwise denying a pregnant employee equal opportunities at work could be classified as pregnancy discrimination. Failing to hold the pregnant person’s job while they are in birth recovery or on parental leave may also be discrimination.
- An employer forcing leave: Another type of discrimination can occur when employers force their pregnant employees to take leave from work even when they are capable of and want to perform their duties.
- An employer making inappropriate comments: Employers should not make unfavorable or discriminatory comments about your pregnancy. Making offensive jokes or touching a pregnant person without consent, such as by rubbing their belly, may also be harassment.
- An employer withholding benefits or accommodations: Employers must provide pregnant people with the same benefits and accommodations they provide for other temporarily disabled employees.
While research reveals that one out of five mothers have experienced some form of pregnancy discrimination in the workplace, pregnancy discrimination is not always clear-cut. You may have been fired or lost your benefits around the time of your pregnancy, but there are no obvious signs that it’s directly related to your pregnancy. Employers may also discriminate against the partner of a pregnant person. In these cases, it’s always best to consult an attorney to identify if there’s any correlation and if you have a case.
How a Pregnancy Discrimination Attorney Can Help
If you believe your employer violated your rights, you may wish to file a complaint and speak with pregnancy discrimination lawyers. When you contact a pregnancy discrimination lawyer with your case, they will determine whether it falls under a state or federal jurisdiction.
The Civil Rights Act (CRA) protects employees in companies with more than 15 workers from workplace discrimination. The amended version includes the Pregnancy Discrimination Act (PDA), which prevents employers from discriminating based on sex or gender. This pregnancy employment law stipulates that businesses must provide reasonable pregnancy-related accommodations to allow pregnant staff to perform their work-related duties.
According to the PDA, employers are prohibited from denying pregnant workers requests for additional bathroom breaks if they allow nonpregnant employees to take extra breaks. They also can’t deny a pregnant person’s request to take on a lighter workload if they allow it for nonpregnant staff. It also protects pregnant employees from being discriminated against based on pregnancy, childbirth and medical conditions that may be associated with pregnancy, like gestational diabetes.
The PDA also protects pregnant employees from working in a hostile environment and requires employers to treat them the same as nonpregnant workers. Pregnant employees must receive the same benefits as nonpregnant workers, such as leave accommodations and health insurance. Additionally, pregnant employees should not be punished for taking parental leave, and pregnant employees may be protected if they are fired after pregnancy. Attorneys at Weisberg Cummings, P.C. can assist you if you’re in this situation.
The next steps involve filing a petition with the Equal Opportunity Commission or the Pennsylvania Human Rights Commission. After submitting a complaint, you may need to go to court. A pregnancy discrimination attorney will be able to assist you throughout this process.
What Are the Benefits of Consulting a Lawyer for Pregnancy Discrimination?
Consulting a pregnancy discrimination or maternity leave lawyer to discuss your pregnancy discrimination case is an integral first step in finding a resolution. At Weisberg Cummings, P.C., our lawyers offer numerous advantages, including:
- Free case assessment: Your attorney will look at the facts of your case to help you determine the next steps.
- Over 40 years of combined experience: Our team has more than 40 years of experience with employment law cases, including pregnancy discrimination.
- Personalized service: We bring a tailored approach to every client. Our lawyers will take the time to understand you and your case to help you reach a resolution.
If you have a case for pregnant discrimination, our lawyers will help you file for damages, which is the compensation you receive upon winning the lawsuit. Two main types of damages are typically claimed in pregnancy discrimination cases:
- Compensatory damages: These damages help you deal with the loss you suffered, whether that be the loss of your job, emotional humiliation or other losses. They typically cover financial damages like loss of pay but can also cover emotional damages through economic compensation.
- Punitive damages: To claim punitive damages, you’ll need to prove the discrimination was malicious or recklessly indifferent. Punitive damages involve making the defendant pay as punishment for what they did, commonly through means of reform.
Contact Weisberg Cummings Today for a Consultation With a Pregnancy Discrimination Lawyer
The attorneys at Weisberg Cummings have what it takes to help you through a pregnancy discrimination case. Our team will inform you of your rights as a new parent and determine how much your potential claim could be worth.
Give us a call today at 855-716-2367 for immediate assistance. You can also request a consultation online.
