How Much Is Your Pregnancy Discrimination Case Worth?

If you have experienced workplace discrimination based on your pregnancy, childbirth or request for parental leave, seek legal assistance immediately. While most cases end in settlements, suing for pregnancy discrimination is sometimes the best option. In both situations, you may need a lawyer to examine your case and help you develop a winning strategy. Attorneys can increase your chances of success and how much you can get.

This guide discusses the factors that impact the worth of pregnancy discrimination cases and how the employment attorneys at Weisberg Cummings can help. Read on to learn more!

What Is Your Pregnancy Discrimination Case Worth?

Determining how much your pregnancy discrimination lawsuit is worth will depend on:

  • The details of your caseThe nature and severity of your case can impact the damages awarded. Factors like your income, benefits and consequences of your employer’s actions can determine the amount you get. Certain laws also cap damages, limiting your case’s worth to the specified amounts.
  • The strength of your evidence: Evidence plays a crucial role in pregnancy discrimination cases. The stronger your evidence, the higher your chances of winning the case. Most employers will likely settle with higher sums when employees have substantial evidence against them.
  • The skill and experience of your attorneyYour best chance at recovering damages starts with hiring an experienced pregnancy discrimination attorney. Your attorney can help you determine what claim to file and guide you through the process to ensure you receive the damages you deserve. You’ll also have a knowledgeable professional in your corner if you decide to negotiate a settlement.

Pregnancy Discrimination Damages

Damages refer to the compensation sought or awarded when you win a pregnancy discrimination lawsuit. There are different types of damages, including:

  • Compensatory damages: These damages compensate for the losses you suffer as the injured party. They include economic damages like lost pay and benefits. Compensatory damages also cover noneconomic impacts like pain and suffering, damage to your reputation and mental anguish.
  • Punitive 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, health care costs, bonuses, pensions and vacation time.

How Pregnancy Discrimination Laws Determine Damages

You can pursue your pregnancy discrimination case under several different laws, including:

  • The Pregnancy Discrimination Act (PDA): 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 (ADA): Title I of the ADA states that employers must provide reasonable accommodations to employees or applicants with disabilities. While the Equal Employment Opportunity Commission (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 (PHRA): On the state level, the PHRA prohibits discrimination based on pregnancy and grants protection 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 Pregnant Workers Fairness Act (PWFA):  The PWCA, which was effective June 27, 2023, provides additional protections to pregnant workers who may require reasonable accommodations to complete their job tasks.          

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 results in many companies preferring to settle rather than go to trial. If you accept a settlement, you and your employer will agree on the damages they will pay.

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 EEOC or the Pennsylvania Human Rights Commission (PHRC).

You and your employer can choose to settle at any point during the investigation and even after litigation begins.

Pregnancy Discrimination Court Cases

Pregnancy discrimination sometimes results in litigation. Typically, the process starts with filing a complaint with the EEOC or PHRC and obtaining a right-to-sue letter. The right-to-sue letter allows you to file a lawsuit in a federal or state court. Generally, if you receive a letter from the PHRC, you must file a claim within two years. If you receive a letter from the EEOC, you must file the claim within 90 days. Failing to comply with the deadlines can bar you from pursuing legal action in court.

What Is the Average Pregnancy Discrimination Settlement Amount?

The settlement amounts in pregnancy discrimination vary significantly. According to the EEOC, the agency received 2,966 charges in 2023, of which 2,654 were resolved. The total monetary benefits amounted to $18 million. To paint a clearer picture, consider a few cases:

  • Walgreens Co.: In March 2024, the U.S. District Court for the Western District of Louisiana resolved a dispute between the EEOC and Walgreens, with Walgreens agreeing to pay $205,000 in settlement. In this case, one Walgreens store refused to let an employee who was pregnant and had impairments take unscheduled leave to seek emergency medical attention, leaving her no choice but to resign to get medical care. In addition to the settlement amount, Walgreens agreed to implement policies to prohibit pregnancy discrimination and train employees and supervisors on related issues.
  • DLS Engineering Associates, LLC: In April of 2022, federal contracting company DLS Engineering Associates, LLC settled a pregnancy discrimination lawsuit for $70,000. The EEOC filed suit on behalf of a person 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.
  • Rainbow USA, Inc.: In January 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.

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.

How Weisberg Cummings Can Help

Hiring an employment attorney for your pregnancy discrimination case is essential for many reasons, including the following:

  • Experience: The employment attorneys at Weisberg Cummings have handled complex pregnancy discrimination cases. We have gained experience and knowledge through years of practice and training and can guide you throughout the process.
  • Case preparation: Our lawyers can evaluate the merits of your case and determine whether you have a valid claim. We can gather and organize the evidence necessary to support your claim and research and build a strong case.
  • Legal representation: We have the skill to negotiate favorable settlement terms and amounts. If your case goes to trial, we can also provide legal representation and argue on your behalf.
  • Access to resources: Partnering with Weisberg Cummings gives you access to a team of talented attorneys. With our backing, you can take on your employer with higher chances of success.

Weisberg Cummings will bring value to your case. We know the state and federal pregnancy discrimination laws and can develop practical solutions.

Get a Free Consultation From Weisberg Cummings

If you have experienced workplace discrimination based on pregnancy or pregnancy-related conditions, Weisberg Cummings can give you the legal support you need. 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 encourage you to take an active part in building your legal strategy. We represent clients in HarrisburgLancasterLebanonReadingYorkMechanicsburg and throughout Pennsylvania. Contact us today for a free consultation!

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