Pregnancy Discrimination Attorney
If you missed out on an employment opportunity, benefits, a promotion, or were forced out of your job due to pregnancy, you could be entitled to take legal action. Pregnant women subjected to discrimination in the workplace have the opportunity to protect and enforce their rights through a pregnancy discrimination charge or lawsuit.
The Tennessee labor attorneys at the Employment and Commerce Law Group have extensive experience fighting for victims of pregnancy discrimination in the workplace. Our lawyers will fiercely advocate for your interests and help you hold the appropriate party accountable if your rights have been violated.
Contact us today for a confidential, free consultation with a skilled pregnancy discrimination lawyer.
What is Pregnancy Discrimination?
Pregnancy discrimination is a type of sex discrimination. It happens when an employer discriminates against a person because they are expecting a child or experiencing health problems related to their pregnancy.
The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy in every aspect of employment. Employers cannot decide on hiring, firing, pay, promotions, job opportunities, layoffs, training, or medical leave based on a woman’s pregnancy.
When an employer fails to treat pregnant employees in accordance with the law, a worker can sue for discrimination. If you have questions about whether you can file a pregnancy discrimination lawsuit, talk to an attorney right away.
How Do I Know If I Have Been Discriminated Against Because of My Pregnancy?
Let’s look at some of the ways employers discriminate against pregnant workers. If you have experienced any of the following, you may be entitled to take legal action against your employer for pregnancy discrimination:
- Your employer verbally harassed you due to your pregnancy.
- You were denied employment because the employer knew you were pregnant.
- You were fired after your employer found out about your pregnancy.
- You lost the opportunity for a promotion when you disclosed your pregnancy.
- You were demoted from your current position due to being pregnant.
- You were denied the chance to do the same job or a related job after returning to work from maternity leave.
- You were not given the same opportunity to take on light-duty work as a temporarily disabled employee. Example: If you requested a temporary accommodation, such as not being required to lift heavy objects based on your obstetrician’s advice, and your employer denied your request, you could have a valid pregnancy discrimination claim.
- Your employer retaliated against you after you filed a discrimination charge or lawsuit.
In addition, the law protects nursing mothers who need to express breast milk in the workplace. If you experienced harassment or unfair treatment based on your condition, a pregnancy discrimination lawyer can guide you through the next steps.
Tennessee Pregnant Workers Fairness Act
The Tennessee Pregnant Workers Fairness Act requires employers who employ at least 15 workers to provide employees with reasonable accommodations while they are pregnant. This includes a modified work schedule, light duty, assistance with certain types of manual labor, lengthier and more periodic breaks, and other accommodations as necessary.
Employers must provide these accommodations unless they can present evidence that doing so would cause undue hardship. Under the law, employers cannot force a pregnant employee to take leave if an accommodation can be made that would permit them to keep doing their job, nor can they retaliate against a pregnant employee for requesting an accommodation.
What Should I Do if I Have Been Discriminated Against Because of My Pregnancy?
If you were subjected to pregnancy discrimination in Tennessee, you are entitled to file a charge against your employer with the Equal Employment Opportunity Commission (EEOC). If you plan to pursue a lawsuit against your employer in the future, filing a charge with the EEOC is a necessary first step in the legal process.
When you file a charge, you will need to furnish the commission with information about yourself, your employer, and details about the discrimination you suffered.
You will have 300 days from the date the discriminatory act occurred to file with the EEOC if you work for an employer that employs 15 or more workers. You mustn’t miss this deadline, or your case could be dismissed.
If you work for an employer that employs less than 15 people, you will file with the Tennessee Human Rights Commission (THRC). The THRC covers discrimination claims against smaller employers whose employees are not protected by federal anti-discrimination laws. Charges with the THRC must be filed within 180 days of the discriminatory act.
Once you file, the EEOC may investigate your charge. They will reach out to you and inquire whether you and your employer would prefer to resolve the case through mediation.
Once your charge is processed, the commission will issue you a letter that entitles you to bring a lawsuit against your employer. You will have 90 days from the date you receive your “right to sue” letter to initiate legal action.
Do You Need Help from a Lawyer for Pregnancy Discrimination?
It’s always good to work with a pregnancy discrimination attorney before filing a complaint against an employer. You need substantial proof to support your charge and an experienced advocate to fight for your best interests.
At the Employment and Commerce Law Group, our pregnancy discrimination lawyers can help with every aspect of your case, ensuring that all paperwork is completed correctly and submitted on time. We will also guide you through the legal process and fiercely defend your rights in court.
Though the idea of filing a legal claim may feel awkward, you have rights and should exercise them if you’ve been mistreated at work. A successful employment discrimination claim can hold the at-fault party(s) responsible and lead to real, impactful change for yourself and others.
To learn more about how we can help, call or contact us today for a free case review.