Fighting for you
If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
No upfront fees
I work entirely on a contingency basis. If we don’t win, you don’t pay.
What does the law say about pregnancy discrimination?
Federal and state laws that govern discrimination protect you from being discriminated against on the basis of pregnancy, childbirth, and any related medical conditions that result from pregnancy.
The Pregnancy Discrimination Act of 1978 amended Title VII of the Civil Rights Act of 1964 to address this specific area of workplace discrimination law.
In the eyes of the law, pregnancy is treated much the same as any other temporary medical condition. You should not be treated differently in the workplace or penalized because of it.
This means that no employer can discriminate against you for being pregnant when:
- Awarding pay
- Making job assignments
- Promoting people
- Laying off employees
- Training employees
- Awarding fringe benefits, such as leave and health insurance
Examples of pregnancy discrimination
The pregnancy discrimination laws protect you against the following types of actions from employers or people recruiting:
- Refusing to hire a pregnant woman or new parent for a position
- Refusing to promote a pregnant woman or new parent (or demoting them)
- Failing to give similar job assignments or titles to a pregnant woman or new parent as provided to other employees
- Forcing an employee to change jobs when she becomes pregnant
- Providing lower compensation (wages, salaries, benefits) for a pregnant woman or new parent
- Denying training opportunities to a pregnant woman that are offered to other employees
- Failing to provide the necessary time and training to allow a new parent to catch up after a period away on pregnancy leave
- Retaliating against someone who makes a complaint or files a claim against pregnancy discrimination
Have you lost out at work because of pregnancy discrimination?
It may be surprising when the act of giving life to another human is used by employers in a negative way. However, instances of pregnancy discrimination are on the rise in the U.S.
They may be clear and obvious, such as demoting a woman when she becomes pregnant, terminating her during pregnancy leave, or immediately restricting her hours.
Women can also be discriminated against in subtler ways when pregnant.
For instance, being denied training because you’re starting a family and the employer assumes you won’t be around at the company for long.
Some employers look for excuses to cut costs but this should not be at the expense of people trying to start families. The law is clear on this.
After all, being penalized because you are pregnant can negatively impact your:
- Income or finances
- Mental health
Calling out pregnancy discrimination should be done without fear of losing one’s job or any other form of retaliation.
Seek the right legal advice beforehand to protect yourself.
Protection as a caregiver for your children
If you need to take time off work to provide care for your children, you may also receive protection under the Family and Medical Leave Act (FMLA).
This provides for employees who need to look after members of their family, such as children, spouses, aged parents or relatives with disabilities.
It allows caregivers to take unpaid leave for up to 12 weeks per year.
Remember that Florida also has its own Civil Rights Act that provides extra protection not included in federal law.
Discriminated against due to pregnancy? What can you do?
If you have been discriminated against in the workplace because of pregnancy, you may be able to take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
As an experienced employment discrimination attorney, I can help assess your case for pregnancy discrimination.
If pursuing legal action is the right option, I will help you take the necessary steps to build your case.
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
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