Three crucial federal discrimination laws protect the civil rights of pregnant employees: the Pregnancy Discrimination Act, the Family Medical Leave Act, and the Pregnant Workers Fairness Act.
Expectant mothers’ rights under the PDA also include employers having to accommodate their needs as they would for someone with a temporary disability. That could mean:
If any of the rights the PDA grants you have been violated, turn to a pregnancy discrimination lawyer for help.
Eligible employees work for an employer for at least 12 months and have at least 1,250 hours of service with the employer during those months. Their employer has to have at least 50 employees within 75 miles to be covered by FMLA.
You can take your FMLA leave all at once. However, if you want to reduce the number of daily or weekly work hours instead of taking a full leave, you and your employer must agree on it.
Although FMLA provides job-protected unpaid leave, you can also use employer-provided paid leave if the employer’s paid leave policy covers FMLA. You don’t have to request FMLA specifically, but you do need to provide information so your employer knows you’ll be covered by federal law.
The PWFA also prohibits employers from forcing pregnant women to take a leave of absence if a reasonable accommodation can keep them working. Employers can’t force employees to accept accommodations if they don’t want to.
If your employer has violated your civil rights, a maternity leave lawyer will provide legal advocacy for mothers.
Suppose you’ve been terminated, demoted, harassed, or in any way discriminated against because of pregnancy or childbirth. In that case, you can file a claim with the federal government via the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC). You can also file a lawsuit.
To be successful in demonstrating you experienced gender discrimination, you have to prove that you were or are pregnant, that you are qualified for your position, that you suffered an adverse job action, and that your pregnancy led to the adverse job action.
To do so, you must show that you were performing at a level that met your employer’s expectations. You need to show you’ve not been subject to discipline and that you have a positive work performance history.
You then need to demonstrate that you suffered an adverse job action. This can mean your employer:
To show that there is a connection between your pregnancy and the adverse job action you suffered, you might need to demonstrate that male or not-pregnant female employees were treated more favorably. If you were fired, it could help your claim if a male or non-pregnant female employee replaced you.
Although it’s possible to file a claim without legal help, it’s not recommended. Aside from the challenges of gathering the necessary evidence independently, the EEOC and OCRC are overwhelmed with claims. They won’t be able to provide the undivided attention that yours deserves.
If you choose to go directly through these agencies and not file a lawsuit, understand that you can’t take the claim to court once you get a ruling on them. Why is this important?
Even if the EEOC or OCRC rules favorably on your claim, there’s a limit to the compensation they can offer. You can be reinstated and receive back pay, but that doesn’t cover the emotional damage you’ve suffered.
If you hire an employee rights lawyer, you can take the case to court to get better compensation. Everything is considered, including the humiliation you experienced, the expenses you may have incurred looking for another job, and more.
If you are or were pregnant and suffered an adverse job action because of it, you have rights under Ohio law. Workplace fairness lawyers are ready to defend those rights.
At Oliver Law Office, you can get a women-led firm on your side. We have years of experience helping clients who have faced discrimination and know how stressful the entire process is. You deserve to have a team of dedicated and compassionate lawyers guiding you.
We evaluate each claim on its merits to develop the legal strategy that will best help it succeed. When you turn to us, you’re getting experience and dependability.
