The birth of a child should be a joyful event, but employers do not always share in that joy. The pregnancy discrimination attorneys at Parks, Chesin & Walbert have a thorough knowledge of employment laws affecting pregnant employees in Atlanta. If you have a legal issue involving pregnancy discrimination, we have the skills to assist you.
According to the Equal Employment Opportunity Commission (EEOC), 5,797 charges of pregnancy discrimination under Title VII of the Civil Rights Act of 1964 were filed with the EEOC and state and local agencies during the fiscal year of 2011. In fiscal year 2013, moreover, the EEOC alone received 3,541 charges of pregnancy discrimination.
This federal law prohibits sex-based employment discrimination by employers with more than 15 employees. Employers covered by Title VII may not refuse or fail to hire a person based on sex, nor may they terminate an employee on the basis of sex. Employers may not discriminate in compensation, terms, or conditions or privileges of employment because of the person’s sex. Furthermore, employers may not deprive employees or applicants of employment opportunities or adversely affect their status by limiting, segregating, or classifying them based on sex.
Before filing a discrimination lawsuit under Title VII, an employee first must file a charge with the EEOC. This charge generally must be filed within 180 days of the discriminatory conduct, although that timeframe may be extended if a state or local agency enforces a law that prohibits discrimination on the same basis. Employees who believe their employer has discriminated against them should act quickly to ensure their rights are protected.
The Pregnancy Discrimination Act of 1978 (PDA) extended Title VII to prohibit discrimination based on pregnancy. The PDA states that the terms “because of sex” and “on the basis of sex” include “because of” or “on the basis of” pregnancy, childbirth, and related medical conditions. Employees affected by pregnancy, childbirth, or related medical conditions thus must be treated the same as similarly situated persons not affected by such conditions.
The EEOC provides additional guidelines regarding sex-based discrimination in Part 1604 of Title 29 of the Code of Federal Regulations. Pursuant to 29 C.F.R. § 1604.10, any employment policy or procedure that excludes applicants or employees from employment because of pregnancy, childbirth, or related medical conditions is a prima facie violation of Title VII. Furthermore, any disability caused by pregnancy, childbirth, or related medical conditions must be treated the same as other disabilities for job-related purposes under insurance or leave plans connected to the employment. Policies and practices related to leave, seniority accrual, benefits, reinstatement, and payment under health and disability insurance or sick leave must apply to disabilities related to pregnancy, childbirth, and related medical conditions under the same terms and conditions as applied to other disabilities.
The remedies available in a pregnancy discrimination case depend on the specific facts that form the basis of the claim. Remedies may include injunctive relief, reinstating or hiring the employee, back pay, and front pay. Both compensatory and punitive damages may be available in cases involving intentional discrimination, but both are capped based on the size of the employer. Back pay and front pay are not considered compensatory damages for purposes of the caps. A knowledgeable pregnancy discrimination attorney can evaluate your case and advise you of the potential remedies.
The Atlanta pregnancy discrimination lawyers at Parks, Chesin & Walbert have the knowledge and skills to evaluate your pregnancy discrimination matter and advise you on the best course of action. If you have a concern regarding pregnancy discrimination, call us at 404-873-8048 or contact us online today to schedule an appointment.