Fighting Against Pregnancy Discrimination
Our attorneys will fight for your rights
People are excited to learn a baby is on the way, and they rely on work to support their family. Yet there are still employers who view pregnant employees as a liability. As a result, employees who become pregnant may face harassment or discrimination. An experienced discrimination attorney can fight for your rights.
At Gibson Law, LLC, we know how employers approach cases involving pregnancy discrimination and other employment issues. We used to represent employers for a large law firm. Now, we represent employees who have experienced discrimination at work. We know which legal strategies get results.
We know how to hold employers accountable
Employers are prohibited under the Pregnancy Discrimination Act (PDA) from discriminating against employees due to their pregnancy. The PDA also prohibits employers from discriminating against women due to the childbirth or any medical condition associated with pregnancy or childbirth.
The PDA is aimed at protecting employees against employers’ misconceptions about pregnancy. At times, employers hesitate to hire or promote women because they believe women will want to work less once they have children or quit work altogether. Employers also hesitate to hire women because they believe that their business cannot accommodate the women’s need for time off due to the pregnancy.
The PDA demands that employers make decisions based upon actual circumstances, not generalizations and misconceptions. Employers will be held liable if they base employment decisions on what they believe will happen in the future, rather than actual events.
There are many examples of pregnancy discrimination:
- An employer chooses a less-qualified, nonpregnant employee for a position or promotion.
- An employer generally treats pregnant employees less favorably. This may involve lower pay, less desirable job assignments, lower performance evaluations or not providing accommodations provided to nonpregnant employees.
- Managers or supervisors make pregnancy-related remarks.
The law provides pregnant employees with some additional workplace benefits. Under the Family and Medical Leave Act (FMLA), qualified women can receive up to 12 weeks of unpaid leave during a 12 month period to care for their newborn child.
In addition, under the Americans with Disabilities Act (ADA), employers must provide accommodations to women whose pregnancy-related medical conditions (e.g., gestational diabetes, preeclampsia) meet the definition of “disability” under the ADA. Time off work is a common type of reasonable accommodation.
Our firm builds strong cases that get results
The laws are complicated and pregnancy discrimination can be difficult to prove. Employers usually deny any discrimination took place. That’s why it’s important to get trusted legal advice as soon as possible. Over time, evidence can be lost or destroyed and the memories of witnesses can fade.
Our firm knows where to look for evidence that you experienced discrimination. We carefully review all relevant company documents, including policy manuals, pay stubs, timesheets and emails. We identify and interview witnesses, including co-workers and managers. We know how to build strong cases that employers have to take seriously.
You do not have to put up with pregnancy discrimination at the workplace. Learn more about how we can help. Contact us for a consultation with a member of our legal team at our Cincinnati or Dayton office.