The following article discusses pregnancy discrimination law in
general. Please call me to discuss your particular
situation.
Pregnancy Discrimination in the Workplace
The impending birth of a child should be one of the most joyous
experiences of your life. Unfortunately, outside factors can often
tarnish the experience. Pregnancy discrimination at your workplace
is one of those factors. A typical example of pregnancy
discrimination would be as follows: (1) female employee has
excellent work record and stellar reviews; (2) female employee
announces to her employer that she is pregnant; (3) employer
promptly demotes or terminates the employee. Pregnancy
discrimination can also affect the hiring process. For instance,
an otherwise qualified pregnant woman applies for a job and is
denied employment because she is pregnant. Either way, the
economic and emotional results of being terminated or denied
employment because of a pregnancy can be devastating.
Pregnancy discrimination by employers (with more than 15
employees) is prohibited at the federal level under Title VII of
the Civil Rights Act of 1964 (as amended by the Pregnancy
Discrimination Act of 1978). Some states’ civil rights laws also
prohibit pregnancy discrimination.
If you suspect that you have been discriminated against because
of pregnancy, you need to act quickly. Employment law is not a
simple area of the law – consequently, you should ideally consult
with an employment lawyer who can guide you through the
discrimination charge process and any resulting litigation.
Unlike most other disputes, you must file a charge of
discrimination and receive a "Right to Sue" letter before filing
a lawsuit alleging pregnancy discrimination in court. At the
federal level, you must file the charge with the United States
Equal Employment Opportunity Commission ("EEOC"). In many states,
the filing of a charge with the EEOC will also count as a
"dual-filing" of a charge with the appropriate state entity (in
Florida, the Florida Commission on Human Relations). A charge must
be filed within 180 days of the act of discrimination. However, if
your state has anti-discrimination laws, you have 300 days to file
the charge. Either way, you are on a short-time frame and must act
fast.
After the charge is filed, the EEOC will investigate your
claims. If the discrimination is egregious and pervasive, the EEOC
may on rare occasions sue the employer on your behalf. However,
typically (due to many factors including their heavy caseload),
the EEOC will conclude that they cannot determine if
discrimination occurred and will therefore issue you the "Right to
Sue" letter. You then have only 90 days to sue in Federal or State
Court. If you do not sue within that 90 day period, your federal
claim will be lost forever. State laws vary as to the time period
that you have to sue based on your state law claim.
Pregnancy discrimination in employment causes great anxiety and
financial problems for its victims. It also tarnishes what should
otherwise be a joyous time of your life. If you think that you are
a victim of such discrimination, act fast and immediately consult
an employment lawyer.
