What Is Pregnancy Discrimination?
Pregnancy discrimination refers to the unfair treatment of an employee because of their pregnancy, childbirth, or a medical condition or disability related to pregnancy or childbirth. Pregnancy discrimination cases often overlap with legal disputes over sex and gender discrimination as well as workplace disputes over medical leave.
Pregnancy discrimination cases relate to all aspects of employment law, including hiring, firing, wages, hours, unpaid leave, training, and benefits.
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Examples of Pregnancy Discrimination
Refusal to Hire Due to Pregnancy
If an applicant is pregnant, an employer is prohibited from denying that applicant employment on the basis of pregnancy. Pregnancy discrimination cases can cover discriminatory practices in the hiring process, not just during employment.Termination Due to Pregnancy
If an employer fires a pregnant employee due to their pregnancy or a pregnancy-related disability, it may be a case of wrongful termination. The claim of wrongful termination is clear-cut if a pregnant employee is laid off while a similar non-pregnant employee remains on the job.Refusal to Make Reasonable Accommodations
Employers are legally required to make reasonable accommodations for pregnant employees or new mothers. This includes changes in work duties to account for physical well-being and providing a private space for a mother to pump breastmilk.Restricting Maternity or Medical Leave
Employers must grant qualifying pregnant employees unpaid leave in order to give birth and bond with their newborn. If an employee is denied their unpaid leave because they are pregnant, this may be a case of discrimination and a violation of the Family and Medical Leave Act (FMLA).Creating a Toxic Work Environment
If supervisors or co-workers make the workplace hostile because of your pregnancy, this is considered a form of discrimination. This includes behaviors like sexual harassment, making or posting offensive comments, sharing offensive images, and bullying.Other Forms of Retaliation
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- Cutting wages
- Cutting hours
- Demotion
- Denial of raise or promotion
- Changes in job duties
- Changes in job title
- Loss of benefits
- Forced relocation
Were You a Victim of Pregnancy Discrimination? Contact the Law Offices of Dan A. Atkerson
Pregnancy discrimination attorney Dan A. Atkerson has practiced employment law since 1984. He is well-qualified to evaluate your case and help you seek compensation for the mistreatment you have suffered.
Our law firm works on a contingency-fee basis, which means you won't pay us unless we can achieve a favorable outcome in your case.
We serve clients from throughout Allen, Plano, Frisco, Dallas, TX, and beyond. If you would like to discuss your case with a lawyer, contact our law office online. You can also reach our Allen, TX, labor attorney's office by phone.
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Clients Share Their Experiences Helping Texas Workers Fight Discrimination
Dan Atkerson, Esq. was so respectful and his guidance was well thought out and successful with representing me. He is well known in Texas and has a great reputation based on his experience, which was important to me when choosing him for my specific legal situation. Great communication skills, and legal knowledge.
View on GoogleMr. Atkerson made everything seamless. I would definitely recommend him for anyone having issues with how they're being treated within their company.
View on GoogleA Look at the Numbers: How Common Are Pregnancy Discrimination Charges?
A Consistent Issue Year After Year
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For additional context, the EEOC recorded 2,261 new pregnancy discrimination charges in 2021 and 2,698 new charges in 2020. If you've been discriminated against at your job because of pregnancy, you are not alone. Our pregnancy discrimination lawyer is here to help and wants to hear from you.
Contact a Pregnancy Discrimination Lawyer Dan A. Atkerson Is Ready to Listen
You should not be punished for being pregnant or raising a child. If your employer violated your protections under the Title VII of the Civil Rights Act, ADA, or FMLA, employment law attorney Dan A. Atkerson is here to help. Serving workers in and around Allen, Plano, Dallas, and Frisco, TX, for more than 38 years, he can hold companies accountable for mistreating their employees.
Contact our law office online or get in touch with our lawyer by phone. We want to hear from you.
Call Our Law Firm in Allen, TX
(214) 383-3606
Contingency-Fee Services Easing the Financial Pressure
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If you've been discriminated against, the high cost of legal services should not prevent you from hiring a lawyer. That's why the Law Offices of Dan A. Atkerson takes cases on a contingency-fee basis. You do not pay attorney fees unless we can successfully resolve your discrimination case.
"Dan provided an exceptional experience. His transparency, efficiency, proactiveness, honesty, and extensive knowledge were truly commendable. The professionalism and confidence he exhibited in his work spoke volumes. Dan was dedicated to completing the job, and he delivered. Dan – working with you was a pleasure. If I could, I'd give 10 stars. THANK YOU!" Courtney, 5-Star Google Review
Maternity Leave and Pregnancy Discrimination
Maternity leave refers to the right to be absent after giving birth in order to care for and bond with a newborn. Under the FMLA, women qualify for maternity leave if they:
- Work at a company with at least 50 employees within a 75-mile radius
- Have been employed by their employer for at least 12 months
- Have logged at least 1,250 hours of work during their 12 months with the employer prior to taking maternity leave
Discrimination claims may arise if a mother is denied maternity leave despite qualifying for it. There are also cases of wrongful termination in which a woman is fired for requesting or taking maternity leave.
If you believe you have suffered discrimination due to pregnancy or a related health issue, it's important to speak with a lawyer about what happened. Our attorney in Allen, TX, can determine if it's worth pursuing litigation and recommend the next steps that you should take.
Filing a Discrimination Charge
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If you feel you were the target of pregnancy discrimination, it's important that you file a formal charge with the EEOC or the Texas Workforce Commission (TWC). Our lawyer, Dan Atkerson, can help you with this process. Once the EEOC or TWC have processed your claim, they can provide a right to sue letter, allowing you to pursue a lawsuit against your employer.
Collecting Evidence Of Discrimination
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There may be direct or circumstantial evidence of violations such as discrimination and wrongful termination. Direct evidence can include your employer admitting to pregnancy discrimination. Circumstantial evidence means that no direct admission of discrimination has occurred, but discriminatory intent can be inferred. It's important to have a lawyer examine any documents or correspondence available to build a strong case.
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Dan is heaven sent and like no other professional I’ve met. He provided free guidance on the next step that I should take prior to it turning into a real case. I deeply appreciate him and will be hiring his services if it comes to that. Thank you Mr. Atkerson!!
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