Pregnancy Discrimination Attorneys in Birmingham
Fighting for the Rights of Workers in Alabama
Households often rely on dual incomes to ensure the comfort and happiness of a family. As such, many women continue to work while pregnant up until a relatively late stage; it is their right to do so. Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, protects women in the workplace from discrimination or harassment based on their status as a pregnant woman.
You should not have to choose between your career and motherhood. If you believe your employer is discriminating against you due to your pregnancy, you have a right to take legal action. At Michel & King, our Birmingham pregnancy discrimination attorneys will help you obtain the justice you deserve.
Learn more about we can do for you today and call us at (205) 265-1880 to schedule a free confidential case evaluation!
Examples of Pregnancy Discrimination
Pregnancy discrimination in the workplace can happen in a number of ways, such as:
- Refusing a qualified female employee a job because she is pregnant
- Denying a qualified female employee a promotion or demoting her due to her pregnancy
- Firing or laying off a qualified female employee because she is pregnant
- Denying pregnancy leave to a female employee who is experiencing a high-risk pregnancy
- Denying or interfering with pregnancy-related disability leave
- Prohibiting a pregnant employee from attending doctor appointments during work hours
These are just a handful of examples of pregnancy discrimination that can occur in the workplace. If you believe you were discriminated against, contact Michel | King as soon as possible to protect your rights as an employee. Remember, under the law, pregnant employees should receive the same treatment and benefits that are afforded to employees with other temporary disabilities.
Should I Tell Potential Employers or My Current Employer About My Pregnancy?
Employers cannot legally refuse to hire you simply because you are pregnant, as long as you are capable of performing your job’s major functions. Under the law, potential employers cannot ask if you are pregnant or plan on having children. If you are still in the early stages of your pregnancy, it is up to you whether or not you wish to keep that information to yourself. On the other hand, if you are currently employed, you should notify your employer since you will eventually need to take leave.
To understand if advanced notification is required to take leave so that you are in full compliance with your company’s policies, contact an pregnancy discrimination attorney at Michel | King. Once you take pregnancy leave, your employer must hold your job open for you, though they are only required to do this for the length of time they would hold a job for employees who are sick or on disability leave under the Family Medical Leave Act (FMLA).
Remedies Available to Victims of Discrimination
Victims of pregnancy discrimination might be eligible for compensation and other non-monetary relief, which could include:
- Back pay
- Compensatory damages for pain and suffering
- Punitive damages to punish the employer
- Other actions that could ensure the employee is in the condition she would have been in were it not for the discrimination she suffered
It is also possible for victims of discrimination to be compensated for attorney’s fees, expert witness fees, and court costs. Additionally, employers are sometimes required to post notices to all of their employees that address the violations of a specific charge and informing their workers of their right to work in an environment free from discrimination, harassment, and retaliation.
What Should I Do?
More often than not, an employer will do everything possible to avoid liability and might even claim that you did not follow the company’s formal complaint procedure. If your employer has discriminated against you because of your pregnancy or other related medical condition, it is crucial to take the following steps:
- Keep records of all instances of pregnancy-based discrimination. These important details will be immensely helpful if you decide to file a complaint or pursue legal action.
- Speak with your supervisor or a human resources representative to ensure you are following the grievance procedures of your company, and make a record of those interactions.
- If possible, try to find out if any other co-workers have experienced similar issues while they were pregnant.
If you follow through with these steps and your company still fails to resolve the issue, contact an attorney at Michel | King. Our attorneys have years of experience preparing and filing charges of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is tasked with investigating your case prior to your attorney filing suit in federal court on your behalf.
How Do You Prove Pregnancy Discrimination?
You will most likely need to prove that you were discriminated against at your workplace because of your pregnancy. In other words, it must prove that you were a victim of an "adverse employment action." You can do this by providing examples of the way that you have been treated since announcing your pregnancy and how you would have been treated differently if you were not pregnant.
Skilled Pregnancy Discrimination Attorney in Birmingham
At Michel | King, our Birmingham pregnancy discrimination attorneys have specialized in pregnancy and other forms of discrimination. With over 20 years of combined experience representing victims of unlawful discrimination, we have the experience and knowledge necessary to fight for your rights. Our highly trained team of legal professionals will work to help you recover any lost wages or other damages to which you might be entitled.
For the representation you need, call us at (205) 265-1880 and get started on your case today.