It is unlawful for an employer to discriminate against a person because they are pregnant. Unfortunately, pregnancy discrimination is commonplace. It is a widespread problem affecting nearly every industry in the state. If you are an Atlanta-based worker who experienced harassment or mistreatment due to your pregnancy, you need to speak with a lawyer.
At Shelton Law Practice, LLC, we represent women who have been subjected to discrimination on the basis of their status as a pregnant worker. It is important to know that federal law prohibits discriminatory practices due to your pregnancy, childbirth, or other related conditions. If you were treated unfavorably at your workplace because of your pregnancy, contact our office at (404) 865-3771 to schedule a case consultation.
What Is Pregnancy Discrimination?
Pregnancy discrimination involves any unfavorable treatment in any aspect of employment. It, therefore, may be considered discrimination if you are fired, reassigned, demoted, or otherwise adversely affected by your pregnancy or related condition.
Federal law prohibits most employers from having standards, criteria, or other policies that exclude a person because of their pregnancy or childbirth status. Employers must also allow pregnant employees to work until they are no longer able to perform the essential functions of their job.
Pregnancy discrimination can take many shapes and forms, but should always be reviewed by an attorney. Depending on the circumstances of the case, you might be entitled to damages if you were treated unfairly based on your pregnancy.
Examples of Pregnancy Discrimination in the Workplace
A person’s pregnancy or childbirth status should not affect their employment unless they are unable to perform their duties. Therefore, an employer may not engage in discriminatory practices because of a person’s pregnancy.
Examples of pregnancy discrimination:
- Not hiring a woman because she is pregnant;
- Singling out a person due to their pregnancy;
- Denying a promotion to a pregnant employee;
- Refusing to give job assignments to someone because they are pregnant;
- Failing to keep open a person’s position for the “same period of time that it keeps jobs open for employees who go on disability or sick leave.”
- Retaliating against someone for reporting pregnancy-related discrimination.
As an example, pregnancy discrimination can occur when an employer fails to hire or terminates an employee because she is pregnant. Pregnancy discrimination can also occur when an employer otherwise treats a pregnant employee differently than non-pregnant workers as related to the terms and conditions of employment.
Your Rights Under the Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) passed in 1978 amended Title VII of the Civil Rights Act of 1964. It made it unlawful to engage in sex discrimination on the basis of pregnancy. The Act applies to employers with 15 or more employees.
Under the Act a pregnant person who was denied rights, discriminated against, harassed, or otherwise mistreated may be able to file a claim against their employer. Due to the complexities of these claims, they are best handled by an attorney. Unfavorable treatment based solely on pregnancy should not occur. Help end the cycle of discrimination today.
Were You Discriminated Against Because of Your Pregnancy?
If you were denied an employment opportunity or fired because you are expecting, you may have been subjected to unlawful discrimination on the basis of your pregnancy. In most cases, an attorney must conduct a thorough, independent investigation to determine whether you have a valid legal claim against your employer.
Every case is different so whether your unique circumstances amount to an actionable pregnancy discrimination claim, depends on the facts of your specific case. Call us today at (404) 865-3771 to learn more about your legal rights and to determine if your employer’s conduct violates the Pregnancy Discrimination Act. We proudly serve clients in Atlanta and throughout Georgia.