In employment law, pregnancy discrimination involves mistreating an employee or job applicant or in a discriminatory manner based on pregnancy, childbirth, or related conditions. Pregnancy is treated as a temporary disability in law. Therefore, pregnant employees are protected by several federal laws such as the Pregnancy Discrimination Act of 1978 (PDA), Title VII, the Family and Medical Leave Act, and the Americans with Disabilities Act.
Pregnancy discrimination victims are often unaware of the laws that protect them. Jaffrey discrimination lawyers help victims familiarise themselves with their rights. They help them determine if the particular act of discrimination they have faced falls under the category of pregnancy discrimination. This discrimination is slightly different from other workplace discriminations. To prove their claim, victims must provide evidence that they are a part of the protected class in question. They must demonstrate the efficiency of their job duties and that their pregnancy has resulted in adverse employment consequences such as termination, demotion, or application rejection. Discrimination lawyers help the victim provide relevant evidence to prove their claims.
Once the discriminatory act against the victim is proven as pregnancy discrimination, the next step is to report it promptly. Jaffrey discrimination lawyers help the victim decide on their course of action. With their help, the victim first reports the incident to the human resources department. If HR does not take any action against the discrimination, the next step is to file a complaint to the EEOC or the state administrative agency. The attorney ensures that the complaint is submitted before the deadline of 180 days.
Once the lawsuit is filed, both parties are called for an official meeting to discuss their statements and provide documentation as evidence. Jaffrey discrimination attorneys organize the documents such as medical records, records of email and telephonic exchange, and witness testimonies on behalf of the victim.
Pregnancy discrimination victims are entitled to compensation for lost wages, employment opportunities, and benefits. If the victim is denied pregnancy-related leave in instances of severe morning sickness, doctor-ordered bed rest, childbirth, and recovery, then they can also demand reimbursement for medical bills. If the victim has faced any medical complication due to the distress caused by the discrimination, the employer or the company is liable to pay for the victim’s long-term physical injuries, emotional pain, and trauma. Jaffrey discrimination attorneys consider these aspects and accordingly determine the compensation amount.
Employers may try to reduce compensation payments by holding the victim responsible for decreased work efficiency and output. The victim’s attorney can defend them by stating the laws of the Disability Act that protects and ensures that victims receive the same benefits as other people with disabilities. This includes paid leave, temporary exemption, and health insurance.