If you’ve been fired while pregnant, you’re not alone. Thousands of employees face pregnancy-related discrimination every year, often due to employers’ biases or misconceptions about pregnant workers’ abilities. The good news is that there are strong legal protections in place to safeguard your rights.
Swartz Swidler, a law firm dedicated to protecting employee rights in Pennsylvania, specializes in helping clients who have faced pregnancy discrimination. Below, we’ll explain the legal steps you can take to protect yourself and potentially seek justice.
Understanding Pregnancy Discrimination Under the Law
Overview of Pregnancy Discrimination
Pregnancy discrimination involves unfair treatment based on pregnancy, childbirth, or related medical conditions. If an employer treats you differently or unfairly because you’re pregnant, this is likely a violation of your rights.
Relevant Laws Protecting Pregnant Employees
- Pregnancy Discrimination Act (PDA): This federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers must treat pregnant employees the same as others with similar abilities or limitations.
- Pennsylvania Human Relations Act (PHRA): Pennsylvania’s state law provides additional protections, particularly for employees of smaller companies that may not be covered by the PDA.
Who is Protected?
Under these laws, most employees working for companies with 15 or more employees are protected, though Pennsylvania extends protections to some smaller workplaces under PHRA.
Signs of Pregnancy Discrimination in the Workplace
Signs of Pregnancy Discrimination in the Workplace
Discrimination against pregnant employees can be subtle or overt. Some common signs include:
- Refusal of Reasonable Accommodations: Denying reasonable changes to work tasks or schedules to support pregnancy-related needs.
- Changes in Job Responsibilities: Demoting you, removing responsibilities, or excluding you from important projects after learning of your pregnancy.
- Termination or Reduced Hours: Firing you or cutting back hours without valid business reasons, particularly if tied to your pregnancy.
Recognizing these signs early on can help you take steps to protect your rights.
Steps to Take if You Were Fired While Pregnant in Pennsylvania
1. Document the Events Leading to Termination
- Gather Evidence: Keep records of any emails, performance evaluations, or communications that relate to your pregnancy and termination.
- Identify Witnesses: Make note of any colleagues or supervisors who may have witnessed discriminatory remarks or actions. Their testimony may support your claim.
2. Request a Written Explanation
- Ask for Clarification: Request that your employer provide a written explanation for your termination. This can help clarify the employer’s stated reasons and be useful if you pursue legal action.
3. File a Discrimination Complaint
- Equal Employment Opportunity Commission (EEOC): You can file a federal complaint with the EEOC, which has a 300-day deadline from the date of termination.
- Pennsylvania Human Relations Commission (PHRC): Alternatively, you can file with the PHRC for state-level protection. Working with an attorney can ensure your claim is filed promptly and accurately.
4. Consult a Pregnancy Discrimination Attorney
- Why Legal Guidance is Essential: Consulting an attorney is crucial, as pregnancy discrimination cases can be legally complex. An attorney will help you gather evidence, meet deadlines, and develop a strong case.
- How Swartz Swidler Can Help: With extensive experience in pregnancy discrimination cases, Swartz Swidler can guide you through each step and protect your rights.
Remedies Available for Pregnancy Discrimination in Pennsylvania
| Remedy | Description | Icon |
|---|---|---|
| Back Pay and Lost Wages | Compensation for lost income during the period of wrongful termination or reduced hours. | 💵 |
| Reinstatement | Option to return to the original position or a similar role with equal pay and benefits. | 🔄 |
| Compensation for Emotional Distress | Damages awarded for emotional harm, such as stress or anxiety caused by wrongful termination. | 💔 |
| Attorney’s Fees | Coverage of legal fees to ease the financial burden of pursuing a discrimination case. | ⚖️ |
| Punitive Damages (if applicable) | Financial penalties imposed on employers to deter future discriminatory practices. | 🚨 |
Potential Remedies Available for Pregnancy Discrimination
If you file a successful claim, you may be entitled to several types of remedies, including:
- Compensation and Back Pay: Recover lost wages and benefits from the period of wrongful termination.
- Reinstatement: In some cases, courts may require that your former employer reinstate you to your previous position.
- Emotional Damages: Compensation may be awarded for the emotional distress caused by the discrimination.
- Attorney’s Fees: Legal fees may be covered as part of the settlement, allowing you to pursue justice without a financial burden.
Common Challenges When Filing a Pregnancy Discrimination Claim
Common Challenges When Filing a Pregnancy Discrimination Claim
Employer Retaliation
Some employees worry about further retaliation if they pursue a claim. It’s illegal for employers to retaliate against you for filing a discrimination claim, and an attorney can help ensure that you are protected from any retaliatory actions.
Burden of Proof
You will need to provide evidence that your pregnancy was a factor in your termination. This makes thorough documentation essential to building a strong case, as an attorney will be able to organize your records to substantiate your claim.
Time Sensitivity
There are strict deadlines for filing discrimination claims with the EEOC and PHRC. Acting quickly is critical, so it’s wise to consult an attorney as soon as possible to ensure your claim is filed on time.
Why Choose Swartz Swidler for Your Pregnancy Discrimination Claim
Experience in Pennsylvania Employment Law
Swartz Swidler brings years of experience in handling pregnancy discrimination and wrongful termination cases. Our familiarity with state and federal laws makes us a strong ally for employees seeking justice.
Personalized Client Support
We prioritize each client’s unique needs, providing supportive guidance through each step of the case. Pregnancy discrimination cases can be emotionally challenging, and we’re here to offer legal and personal support.
Proven Advocacy
Swartz Swidler is dedicated to fighting for employee rights. We’re passionate about seeking justice for clients and ensuring that their voices are heard. Our proven track record in employment law gives clients confidence in our commitment to their cases.
Taking the Next Step: Contact Swartz Swidler Today
If you’ve been fired while pregnant, don’t wait to seek legal advice. Contact Swartz Swidler today for a confidential consultation, where we’ll discuss your options and how we can help you fight for your rights. Your case matters, and we’re here to ensure you receive the justice you deserve. Reach out to Swartz Swidler today to get started.
