Pregnancy discrimination occurs when employers treat currently or recently pregnant workers unfavorably and can create a hostile workplace for employees with growing families. Unfortunately, the practice is all too common. Companies need to be held accountable for such actions.
To prove this kind of discrimination, you need to demonstrate that your employer treated you differently because you are or were recently pregnant. If your pregnancy prompted a harmful employment decision, such as termination or failure to promote, compensation may be available.
At Joseph & Norinsberg LLC in New York City, we protect workers’ rights and fight for justice. We understand how to prove workplace pregnancy discrimination and will use that knowledge to advocate for your rights.
How To Prove Pregnancy Discrimination
Proving pregnancy discrimination requires more than a victim’s claim. There must be evidence that the employer acted against the individual exclusively based on their pregnancy. That evidence must be clear, inarguable, and documented.
Timing of Events
The discriminatory action must be relatively contemporaneous with the pregnancy. You are much more likely to receive compensation if your employer acted against you immediately after you announced your pregnancy, gave birth, or returned from maternity leave. The shorter the time frame between the two events, the stronger your case.
Violation of Policies and Procedures
There typically must be a difference between your treatment as a pregnant worker and the company’s standard procedure. For instance, if your workplace terminated your employment, did they follow standard procedures? If not, a wrongful termination lawyer can help you make a case for pregnancy discrimination.
Documenting Workplace Performance
If your pregnancy discrimination case involves termination or other punitive action, your past job performance will be a significant part of your case. If your performance declined—whether or not it was related to your pregnancy—your employer may point to it as an underlying reason.
What Kinds of Evidence Are Needed in a Pregnancy Discrimination Case?
The Department of Justice recognizes two types of evidence for discrimination: direct evidence and circumstantial evidence. At least one needs to be present to prove that an employer treated you differently because of your pregnancy.
Direct Evidence
Direct evidence includes a clear statement of discriminatory intent. Those statements may be:
- Policy classifications: The employer specifies pregnancy or family status as a reason for a workplace benefit, service, or harmful action.
- Documented comments or conduct: Proof of a statement that reflects intention to discriminate
Employers rarely state that they treat pregnant workers differently. Generally, proving discrimination requires indirect or circumstantial evidence.
Circumstantial Evidence
If an employer has not admitted to discriminatory intent, the case must find other proof that the employee’s pregnancy caused the disputed action. This process usually involves looking at multiple pieces of indirect evidence, including the following:
- Historical background: Patterns of decisions that harm or limit pregnant workers or new parents while favoring others
- Sequence of events: Timelines that place a worker’s pregnancy announcement indisputably close to the decision, such as your employer choosing another person for promotion within a week of receiving notification of your pregnancy
- Disparate impact: Proof that all other things being equal, pregnant employees receive less favorable treatment
Circumstantial evidence is particularly valuable if the case can compare your treatment to similarly qualified, non-pregnant individuals. If your employer laid you off and kept another employee in a similar position despite your superior performance, the court may see this as evidence of discrimination.
The more evidence you can provide, the better. Circumstantial evidence must be just as indisputable as direct evidence.
What Qualifies as Pregnancy Discrimination?
According to the U.S. Department of Labor, pregnancy discrimination occurs when an employer treats someone unfavorably due to one or more of the following factors:
- The employee is expecting a child.
- The employee recently gave birth.
- The employee has a medical condition related to pregnancy or childbirth.
Unequal treatment is the key. Discrimination requires the employer to treat the pregnant or birthing parent differently than any other worker.
Pregnancy discrimination is not the following:
- A company including a pregnant worker in layoffs
- An employer failing to give special favorable treatment to pregnant individuals
Pregnancy discrimination may be:
- A pregnant worker losing a promotion to a less-qualified teammate
- An employer terminating a pregnant employee who has been performing well
- A hiring manager choosing a non-pregnant candidate who is less qualified
If your employer made an adverse decision affecting your job, benefits, or work status based on pregnancy or childbirth, you may have a pregnancy discrimination case.
Which Laws Help To Prevent Pregnancy Discrimination?
Federal law protects pregnant employees from discriminatory actions. Depending on the situation, one or more of the following laws may apply:
Title VII of the Civil Rights Act of 1964
Under Title VII, businesses may not make employment decisions based on a worker’s pregnancy, childbirth, or related medical status. Those decisions include hiring, termination, job assignments, and changes to compensation.
Specifically, employers may not do the following:
- Force a pregnant employee to stop working if the person is capable of performing their duties
- Make assumptions about workplace performance based on the knowledge of a pregnancy
- Exclude workers from certain tasks under the guise of “protecting the baby”
- Deny employees their rights under the Family Medical Leave Act
Title VII also prohibits employers from retaliating against employees who speak out against pregnancy discrimination. Retaliatory actions include termination, demotion, and harassment by managers.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act, or PWFA, went into effect in June 2023. It requires employers to provide “reasonable accommodations” for limitations related to pregnancy, childbirth, or related conditions.
The PWFA might apply if your employer refuses to let you make doctor-recommended changes to your work environment or circumstances during or after pregnancy. Examples include doing your job seated or working from home during bed rest.
Americans With Disabilities Act
If you have a pregnancy-related disability, such as diabetes or hypertension, your employer must accommodate your needs. The Americans With Disabilities Act requires companies to provide reasonable accommodations for employee disabilities if they do not impose an undue financial or logistical hardship on the employer.
Employers may try to push back against your claim that an accommodation is reasonable. In that case, you need an experienced pregnancy discrimination lawyer on your side.
Contact Joseph & Norinsberg for Your Employment Law Cases
At Joseph & Norinsberg, we have secured over $175 million in verdicts and settlements for unfairly treated employees. We are committed to fighting for employee justice in all forms, including equitable treatment of pregnant workers.
If you believe your employer treated you unfairly because you are or were expecting, we can guide you through the process of proving pregnancy discrimination. We will discuss your situation, potential strategies, and next steps.
Contact Joseph & Norinsberg today online or at 212-227-5700 for your free consultation.
