Alabama Pregnancy Discrimination Attorney

Examples of Pregnancy Discrimination

Pregnancy discrimination in the workplace can be experienced in multiple ways, such as:



• Refusing a qualified female employee a job because she is pregnant
• Denying a qualified female employee a promotion her due to her pregnancy
• Demoting a qualified female employee due to her pregnancy
• Terminating a qualified female employee because she is pregnant
• Denying or interfering with pregnancy-related disability leave
• Prohibiting a pregnant employee from attending doctor appointments during work hours

Remember, under the law, pregnant employees are entitled to receive the same treatment and benefits that are given to employees with other short-term disabilities.

If I am interviewing for a job, do I have to tell the employer that I am pregnant or Am I required to notify my current employer that I am pregnant?

As long as you are capable of performing the duties of the job for which you applied, Employers cannot, from a legal standpoint, refuse to hire you due to your pregnancy. Additionally, potential employers cannot ask if you are pregnant or plan on having children during an interview. It is completely up to you whether or not you disclose to the potential employer that you are pregnant. Conversely, if you are currently employed, you should let your employer know that you are pregnant since you will eventually need to take leave, and they will need to plan to backfill your duties while you are out on leave.

Once you take pregnancy leave, your employer is legally required to keep your position available until your return. However, they are only required to do this for the length of time they would hold a job for an employee on leave under the Family Medical Leave Act (FMLA).



The following are the types of damages that you can recover for your pregnancy discrimination claim:

Victims of pregnancy discrimination might be eligible for compensation and other non-monetary relief, which could include:



• Back pay
• Promotion
• Reinstatement
• Compensatory damages for pain and suffering
• Punitive  damages to punish the employer

Documentation

Employers will typically try to avoid liability by placing blame on the employee that has complained of pregnancy discrimination. If your employer has discriminated against you because of your pregnancy, it is critical to take the following steps:



• Keep written records of all instances of pregnancy-based discrimination to include names, dates, what happened, what was said, what was done, etc. 
• Speak with your manager or human resources personnel to ensure you are following the grievance procedures of your employer, and make a record of those interactions. If the conversation is verbal, follow-up with a recap of the conversation via e-mail and save the e-mail.
• If possible, try to find out if any other co-workers have experienced similar issues while they were pregnant.
• If you follow your employer’s grievance policy, and the issue still is not resolved, contact The Justice Law Firm, LLC today to discuss your options.

How Do You Prove Pregnancy Discrimination?

You will need to prove that you were treated differently because of your pregnancy that non-pregnant employees or in comparison to how you were treated before announcing that you are pregnant and be able to show that you have suffered "adverse employment action." An adverse employment action could include termination, demotion, refusal to promote, etc.