Do You Have a Pregnancy Discrimination Claim?
You have it all planned out - the baby’s name, the baby’s room and even a financial plan to see your child through to college. Unfortunately, your employers have a different plan.
According to studies, about 77% of women are treated unfavorably at their workplace during pregnancy or maternity leave. Pregnancy discrimination can come in various ways and can have adverse effects on a woman’s mental health, career development, and financial security, among other things.
Sadly, this form of discrimination can be so subtle that many women may not even be aware that they are or have been a victim of pregnancy discrimination. Many of them are either not aware of the protections provided by the law for such violations or they believe that their particular situation is not worthy of those protections.
Whichever is the case for you, we will be looking at a few things in detail, to give you more clarity:
What is pregnancy discrimination?
How do I know I'm a victim?
What do I do as a victim?
What is pregnancy discrimination?
Pregnancy discrimination is any situation where an employer treats an employee differently from others based on their pregnancy status, the birth of a child or any conditions relating to that.
Pregnancy discrimination can happen at any stage of an employment relationship. It could happen with job applicants, even before they are hired, all the way through the termination of an employee.
If an applicant was denied a hiring opportunity solely based on her pregnancy status, then that applicant may have a case of pregnancy discrimination.
If an employer gives a pregnant woman “special treatment” under the guise of protecting her or the fetus, it can still be a case of pregnancy discrimination. An example of this could be if a pregnant woman is prohibited from working in the lab simply because the materials in the lab could be harmful to the fetus.
Pregnancy discrimination also includes demotions as a result of being pregnant, denial of promotion or even firing.
Many people are not sure whether they have been a victim of pregnancy discrimination or not. If you aren’t sure you are being discriminated against based on pregnancy, you can talk to a pregnancy attorney in Los Angeles.
How do I know I am a victim?
The truth about this question, which is what we tell victims every time, is that you need to speak to an experienced employment attorney as soon as you begin to think you’re being discriminated against based on pregnancy. All situations present unique facts and circumstances and can only be accurately evaluated individually.
With that being said, there are several ways to know if you are a victim of pregnancy discrimination. You can figure it out using factors like timing, and other situations surrounding the event.
Employer admission of pregnancy discrimination
Sometimes you can have direct evidence. For example, your employer can directly mention to you “I’d have loved to have you in this role, but I think your pregnancy will affect your delivery”. In any case like this, you have direct proof of the discrimination. Your employer is refusing to give you a particular role or promotion simply because you are pregnant.
It is increasingly rare to see an employer outwardly commit discrimination or admit to it., At the same time, it does happen with surprising frequency when it comes to pregnancy discrimination.
Evidence of pregnancy discrimination based on circumstances.
More times than not, you will have to rely on circumstances or surrounding situations in order to ascertain whether or not you have been discriminated against based on pregnancy.
Circumstantial evidence usually consists of signs that your employer acted in a manner not aligning with the normal procedures, practices, or policies in your workplace. Meaning that in your case, the employer acted differently than it would when it comes to your coworkers.
You may also notice an abrupt behavioral change shortly after learning of your pregnancy.
Historical proof of how other employees have been discriminated against during their pregnancy could also help determine whether you have been similarly subject to discrimination.
One thing you should note is that timing is very important in pregnancy discrimination as opposed to other forms of discrimination.
This is because, unlike most other circumstances, pregnancy is a temporary condition. If your employer starts treating you unfairly shortly after learning of your pregnancy, then you need to immediately consider how you are going to handle the matter.
An example of this could be if your employer lays you off shortly before your due date. Consulting with an experienced attorney may be a good first step as it is confidential, can quickly familiarize you with your rights and options, and comes with no obligation or cost to you.
You can then decide what option best suits you and how to go about it.
Here are more examples that could indicate a case of pregnancy discrimination:
Historical treatment of other employees: If no pregnant employee has kept their job beyond their third trimester in the past with your employer, then that could point to a pattern of conduct on the part of your employer. It could be a strong indicator of pregnancy discrimination.
If you were terminated during your pregnancy or maternity leave, it is important to investigate the circumstances carefully. If your employer deviated from the usual termination procedures in your case, that could serve as some evidence of a discriminatory practice.
For example, if your employer cites performance issues as the reason for your termination, yet other employees with the same performance issues were not terminated, this could serve as evidence that the performance issues were pretextual and the real reason for your termination was pregnancy.
If the reasons for an adverse employment action or refusal to promote do not make any business sense, this could also indicate a discriminatory intent on the part of your employer.
For example, if your employer denies you a promotion based on you lacking certain required skill levels, but then proceeds to promote a different employee with less skill than you, this could serve as evidence of potential pregnancy discrimination.
If an employer refuses accommodations to a pregnant employee/applicant based on the employee or applicant’s medical needs, it can qualify as discrimination.
It may be very difficult to determine whether you’re a victim. That’s why it is important to speak to a pregnancy lawyer who would assess your pregnancy discrimination claims to help determine (1) whether you have been the victim of discrimination; and if so, (2) what are your options.
What do I do as a victim?
If you believe you’re been the subject of pregnancy discrimination, it is important that you speak to an experienced lawyer as soon as possible.
Each situation presents unique facts and circumstances. A lot of different factors can come into play. An experienced attorney can help you sift through all of the complexities, understand your options, and even help you make decisions as to a solution that best suits you.
To the extent that you are concerned about the cost, keep in mind that most attorneys that specialize in representing victims provide free consultation and even will handle cases on a contingency basis, meaning that they will not get paid unless and until there is a recovery in the case.
Therefore, finding out your rights and options can be done at no cost to you. Also, as claims are time-sensitive due to the existence of statutes of limitations, among other things, it is important to act timely.