A new federal law strengthens prohibitions against pregnancy discrimination and could entitle you to financial compensation if your employer has violated your rights. The Atlanta employment law attorneys at Hall & Lampros, LLP can fight for you when your employer has broken the law.
Among other things, your employer must offer reasonable accommodation when you are pregnant if they do not present an undue hardship for them. They cannot retaliate against you when you seek reasonable accommodations. You can file a lawsuit when your employer has discriminated against you.
Reach out to the team of Georgia employment lawyers at Hall & Lampros when you need an aggressive lawyer to send a message to your employer. We offer free consultations, where we will give you a complimentary case review.
Federal Law Protects You As a Pregnant Employee
In December 2022, President Biden signed the Pregnant Workers Fairness Act into law. The statute took effect in June 2023. Recently, the Equal Employment Opportunity Commission published rules for the law that employers need to follow. Your employer may be sued for violating your rights under the PWFA. The Equal Employment Opportunity Commission may take legal action against an employer, or you can take your case to court.
In the past, Title VII of the Civil Rights Act or the Americans with Disabilities Act provided the basis for pregnancy discrimination claims against employers. Now, the PWFA is the primary vehicle to use to take legal action against your employer (although the other laws may apply in certain circumstances).
The PWFA requires covered employers to provide reasonable accommodations to pregnant employees. A covered employer is any employer with 15 or more employees, as well as Congress, Federal agencies, employment agencies, and labor organizations.
Examples of Reasonable Accommodations
As always, the legal questions will center on what is considered a reasonable accommodation for a pregnant worker. Of course, the use of the word “reasonable” means that there is a limit to what the employer is required to do under the law. In general, a reasonable accommodation is a change to the work environment that allows an employee to continue doing their job while they are pregnant. Notably, the PWFA does not give its own definition of a reasonable accommodation. Instead, it relies on the definition provided in the Americans with Disabilities Act, which includes:
- Job restructuring
- Part-time or modified work schedules
- Reassignment to a vacant position
- Acquisition or modification of equipment or devices
- Appropriate adjustment or modifications of examinations
- Training materials or policies
Prohibited Actions Under the Pregnant Workers Fairness Act
Specifically, the PWFA prohibits the following:
- Refusing a reasonable accommodation for a pregnant employee, unless the employer can show that the accommodation presents an undue hardship
- Requiring a pregnant employee to accept an accommodation that is not reasonable
- Denying an employment opportunity to a pregnant employee with the knowledge that the employer would have to make reasonable accommodations
- Requiring the employee to take leave when there is another known accommodation that would allow them to continue working
- Retaliating, or taking any other adverse employment action against the employee for requesting a reasonable accommodation
What to Do if You Have Been the Victim of Pregnancy Discrimination
If you have been the victim of pregnancy discrimination, federal law allows you to take legal action against your employer. Like any other type of discrimination case, the EEOC is the first place that you would turn for legal relief. The agency would investigate your claim and determine whether to file a lawsuit against your employer or help you try to resolve your case. The agency may allow you to take your case to court, where you can file a direct lawsuit against your employer.
If you win your pregnancy discrimination lawsuit, you may be legally entitled to the following in damages:
- Lost wages (both from your current job and harm to your earnings capacity)
- Emotional distress
- Medical expenses if the discrimination caused health effects that required treatment
- Potential punitive damages, if you win your case at trial, and the jury decides that they want to send a message to your employer
Like any discrimination case, you must gather your own documentation and evidence that can be used in a lawsuit. You should contact an experienced employment law attorney in Atlanta early in your case to get effective legal advice that could put you in a stronger legal position.
Contact an Atlanta Employment Law Attorney
Call the Atlanta employment lawyers at Hall & Lampros when you need to take legal action to hold your employer accountable for illegal conduct. Our employment law attorneys in Atlanta will spring into action to help you get justice. You can schedule a free initial consultation by calling us today at 404-876-8100. You owe us nothing unless you win your case.
ES