According to the Bipartisan Policy Center, 8% of all women have experienced discrimination related to pregnancy in the workplace. 13% of Millennial women have experienced pregnancy discrimination, compared to 9% of Gen X women and 5% of Baby Boomer women. This indicates the growing incidents of discrimination against pregnant women in the workplace.
Pregnancy discrimination lawyer Rene Maldonado recommends immediately consulting a lawyer if you suspect pregnancy discrimination in the workplace.
In this article, you will learn your legal options to address pregnancy discrimination in the workplace.
Understanding Pregnancy Discrimination Laws
Under the Pregnancy Discrimination Act (PDA), pregnancy-based discrimination in hiring, promotions, job assignments, or employment is prohibited. The PDA requires employers to consider pregnancy-related issues as temporary impairments.
The Family and Medical Leave Act (FMLA) allows an employee to take unpaid leave and return to work after the specified leave period expires.
Knowing these legal pregnancy discrimination regulations allows you to assert and defend your rights in the workplace.
Recognizing Signs of Discrimination in the Workplace
Record any changes in work environment or your treatment following your pregnancy.
If your supervisor suddenly assigns you unimportant tasks or excludes you from meetings, it may indicate subtle workplace discrimination. Pay attention if any of your coworkers make obnoxious remarks about your pregnancy or your ability to do your job.
Other signs of discrimination include the denial of promotions and opportunities despite providing good work performance to the company.
Awareness of these indicators is a key step towards safeguarding your rights.
Documenting Incidents of Discrimination
Documenting every incident of discrimination you have witnessed is important to protecting your rights. Include the date, time, place, and people involved in every incidence. Have a detailed account of what happened and obtain witness statements, if possible. Doing this helps establish a timeline of events that can be used to build your case.
Save any relevant emails, messages, or notes that may support your allegations. These documents can be used as evidence in case a retaliatory action or another act of discrimination happens.
Regularly check and update your records from time to time to keep them accurate and complete.
Communicating With Your Employer
Employees should report pregnancy-related workplace discrimination to their employers. Make an arrangement to meet with the employer discreetly to maintain a calm atmosphere.
Engage your employer respectfully and assertively, focusing primarily on how the act of discrimination affects your ability to work and your well-being. Express what you expect to happen, whether it is a change in how you are treated or the accommodations you require to stay comfortable at work.
Allow your employer to express their perspective. Send a follow-up email that summarizes the important points discussed. The email can be used as official documentation for your communication with your employer.
This method may be able to resolve the matter amicably without taking the matter to court.
Filing a Complaint or Legal Action
You can take legal action if you fail to reach an agreement between you and the employer.
Start by filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the labor department in your state. You usually have 180 days to do this from the date of the incident.
The agency will start to investigate your claim after you have filed a complaint. If the agency finds it valid, they will provide mediation or a “right to sue” letter. If you decide to file an actual lawsuit, you should consult an employment attorney, who can guide you through the particulars of the process and help you understand your rights.
Seeking Support and Resources
Finding support and resources is an important aspect of dealing with the challenges of pregnancy discrimination. Reach out to either local or national advocacy groups specializing in employment rights for pregnant persons. These groups can offer information and emotional support.
Reach out to HR or a supervisor with whom you have a good relationship. These people may help you get some meaningful information about company policies and your rights. Find attorneys specializing in employment law to let them handle the legal aspects of your case. Having legal counsel will help you understand your options and plan an appropriate course of action.
Online support forums and groups could be a good way to share experiences and gather insights from others who may be in a similar situation.