Pregnancy Discrimination FAQs

The Pregnancy Discrimination Act, or PDA, prohibits discrimination in the workplace against pregnant women. If you suspect that you are being treated differently by your employer due to your pregnancy, there are legal actions you can take. If you are experiencing discrimination, here is what you need to know. 

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when your employer treats you differently based solely on the fact that you are pregnant. For instance, if your employer passes you over for a promotion because of your pregnancy, this is considered discrimination. 

Discrimination can also extend to the tasks you are required to take on while working. If your employer wants to force you into a different position because you are pregnant, this is discrimination. The PDA requires your employer to treat you the same as other employees despite your pregnancy. 

What Can You Do About Discrimination?

In the event that your employer is discriminating against you, it is important that you file a formal complaint with the personnel department. When you file a complaint, you are not only alerting the company of the problem, but also creating a written paper trail that you can use to your advantage if the discrimination continues. 

If the discrimination continues, your next step is to file a complaint with the Equal Employment Opportunity Commission, or EEOC. The agency will investigate your complaint and determine if there is discrimination present. You cannot file a complaint with the EEOC until you have attempted to resolve the matter through the personnel department at your employer's. 

If the EEOC determines that there is discrimination, it will either negotiate a resolution to the issue with your employer or file a lawsuit against it. However, if the EEOC is unable to substantiate your claims, you will receive a Right to Sue notice. 

What Is the Right to Sue Notice?

The Right to Sue notice is necessary if you plan to file a lawsuit against your employer. Federal law requires that discrimination claims are investigated by the EEOC. The Right to Sue notice is your proof that you followed the required steps and that the EEOC is not actively involved in your case.  

In court, you can sue for financial compensation for the damages that occurred as the result of the discrimination. 

It is imperative that a discrimination attorney is involved in your case. He or she can help ensure that you are following all of the rules and guidelines set by the federal government so that you can move forward with your case. 

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