I’m pregnant and my employer is treating me differently. Do I have a case for pregnancy discrimination?
Under the Pregnancy Discrimination Amendments to Title VII, sex discrimination includes pregnancy discrimination. The Pregnancy Discrimination Amendment included discrimination because of pregnancy, childbirth or related medical conditions within the definition of sex discrimination. Therefore, it is unlawful for an employer to differentiate between pregnancy-related disabilities near the end of a woman’s pregnancy term and other disabilities.
The key factor is equal treatment. An employer may not discharge or refuse to hire or promote a woman simply because she is pregnant. Nor may an employer establish mandatory maternity leave which is unrelated to the employee’s ability to work at all times during her pregnancy, as long as she is capable of performing her job. Similarly, an employer may not prohibit an employee from returning to work for a predetermined time period following childbirth. Nor, it has been held, may an employer, in responding to requests for light-duty assignments, maintain a policy that gives less favorable treatment to pregnant employees than to employees who have sustained job-related injuries and are similarly situated in their inability to work. When a pregnant woman takes maternity leave, her job must be held open on the same basis that jobs are held for employees on sick or disability leave for reasons unrelated to pregnancy.
So if you are pregnant and your employer has been treating you differently based on your pregnancy and it has caused you damages such as being terminated, demoted, not being hired or promoted, then you might have a claim for pregnancy discrimination under federal or Georgia law.
If you believe that your employer has treated you wrongly, call me at (912) 244-3999 to schedule an initial consultation so we can sit down and talk about the facts of your case and so that I can give you my opinion about whether or not you have a case.