Pregnancy discrimination attorney: Get help with your case
Are you facing discrimination in the workplace because of a pregnancy? You may be entitled to protection and compensation.
You should contact a pregnancy discrimination attorney as soon as you face discrimination. While you’re waiting for your consultation, it may help you understand some of the important details that may play a role in pregnancy discrimination cases.
This guide will help you understand:
- What is pregnancy discrimination in the workplace?
- How a pregnancy discrimination attorney can help
- How to file a charge of pregnancy discrimination with the EEOC
First, let’s look at the meaning of pregnancy discrimination and what types of acts may be involved.
What is pregnancy discrimination in the workplace?
Pregnancy discrimination in the workplace refers to any situation where an employee is treated unfairly or unfavorably because of a pregnancy.
This kind of discrimination was made illegal by The Pregnancy Discrimination Act of 1978. Among other provisions, it prohibits employers from:
- Maintaining a written or unwritten policy that excludes applicants from employment because of pregnancy, childbirth, or other related medical conditions.
- Failing to allow pregnant employees to complete their duties as long as they are capable
- Making employment decisions about a pregnant employee’s work performance based on a stereotype about an employee’s pregnancy.
- Singling out pregnancy or related conditions to assess an employee’s ability to work.
- Terminating, denying assignments, or denying promotions to an employee because of her pregnancy.
Examples of Pregnancy Discrimination
Employers may be found in violation of discriminatory laws if they:
- Engage in harassment of pregnant employees
- Deny employment to pregnant applicants
- Deny due promotions to employees who have become pregnant
- Restrict pregnancy leave
This is not a complete list of pregnancy discrimination examples. The law defines discrimination broadly so that employers cannot easily engage in specific acts of discrimination without violating the law. Speak to a lawyer to learn more about what acts may qualify.
The laws against pregnancy discrimination are enforced by the Equal Employment Opportunity Commission (EEOC). If you face any discriminatory acts, you may need to file a complaint with them before you can move on to a lawsuit. Although not required, it can be very helpful to have the assistance of an employment law attorney prior to filing your charge of discrimination with the EEOC.
How to file a charge of pregnancy discrimination with the EEOC
Filing a charge of discrimination is often the first step in getting justice for any discriminatory acts that the EEOC enforces. A charge is a written statement that describes why you are filing.
In your charge, you should fully detail:
- Your name
- The acts that you have experienced
- The employer or supervisors who have engaged in discriminatory behavior
When you file a charge, you are asking the EEOC to investigate and potentially take action against your employer. The EEOC is obligated to accept all charges for investigation but may not be able to act. For a charge to succeed, you must:
- Be employed at an organization that falls under EEOC enforcement
- Detail behavior in your charge that violates the law
- Submit your claims within the required time limit (Within 180 days of the act when state laws do not apply, or within 300 days when state laws apply)
If the EEOC is able to find evidence of discrimination, it may attempt to bring your employer into a settlement or conciliation conference. Your employer may be asked to agree to restore any lost wages or positions. Your employer may also be asked to post notices informing employees of their rights or to pay additional damages.
If the EEOC is unable to find evidence of discrimination (or if they choose not to litigate if negotiations fail), you will receive a Notice of Right to Sue. You have 90 days from the point that you receive this notice to file your lawsuit.
You should speak to an attorney before you move forward with a lawsuit. An attorney can also help you in many other important ways throughout the EEOC process.
How a pregnancy discrimination attorney can help
A pregnancy discrimination attorney can help you with every stage of a complaint. Your lawyer can help you in all of the following ways:
By evaluating your case
Your lawyer can help you understand if the acts that you have experienced qualify as pregnancy discrimination. This information can help you determine if it is worthwhile to pursue a complaint.
Not all unfair treatment violates the law. However, your lawyer may be able to help you resolve complaints in other ways if an EEOC charge is not appropriate for your situation.
By gathering evidence
Your lawyer can help you gather evidence. You will need evidence to make your initial complaint to the EEOC. You will also need evidence before you move forward with a lawsuit.
Not all types of evidence can be gathered legally in all jurisdictions. For example, in some states, you cannot legally make recordings of other people without their knowledge. Your lawyer will help you determine what evidence you can safely collect.
By taking you through a review of outcomes
Your lawyer can help you understand the possible outcomes of your case. He or she may be able to provide you with examples of cases that are similar to your own. These examples can help you understand:
- Whether or not your complaint is likely to succeed
- Whether your complaint is likely to be resolved by the EEOC or in a lawsuit
- What types of damages your employer may be required to pay in a lawsuit
Get help facing discrimination, today
If you have experienced any acts of discrimination, you should speak to a lawyer as soon as possible.
Now, you know some of the ways that you can recognize whether or not you are experiencing discrimination. You also know what it means to file a discrimination charge with the EEOC and what the process may involve.
Finally, you know how a pregnancy discrimination attorney can support you through either the EEOC complaint or lawsuit process.
Contact us today for a free and confidential review of your specific situation and to learn more about taking the next steps.