As an American employee, you have the right to work in an environment free from all types of discrimination. This includes pregnancy discrimination, which is any form of discrimination based on an individual’s pregnancy, recent childbirth, breastfeeding, or plan to have a child. When an individual faces pregnancy discrimination, she may file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) to seek compensation for her damages. Generally, the process follows the outline below.
Gather Relevant Evidence
You cannot simply claim you are a victim of discrimination and then receive compensation. You must be able to prove that you are a victim by showing that you were somehow treated unfairly because of your pregnancy. Examples include:
- Your employer failed to follow proper termination procedures and fired you because you were pregnant
- Your employer violated your right to 12 weeks of unpaid leave under the Family and Medical Leave Act
- Your employer failed to accommodate your request for a chair to relieve your back pain from standing for work
- Your employer asked you if you plan to have a child within the next few years in what appeared to be a question related to your qualification for a promotion.
Keep a record of all discriminatory remarks made toward you. Save or print any emails, meeting notes, or other physical records of discrimination from your employer.
Speak with your Supervisor and Human Resources
Present your evidence to your supervisor and your company’s Human Resources department. This should be your first attempt to rectify the situation.
Speak with an Employment Lawyer
If you cannot resolve the issue within your company, speak with an experienced employment lawyer about pursuing a claim with the EEOC. Bring all the evidence you gathered with you to this meeting.
File your EEOC Claim
The statute of limitations for filing a discrimination claim with the EEOC is 300 days from the act of discrimination. When you file your claim, the EEOC will investigate it to determine if discrimination has occurred. If so, it may file a lawsuit to seek compensation for you. This may be settled outside of court.
Consider Your Options
If the EEOC finds that no discrimination has occurred, you may still be able to recover compensation through a lawsuit of your own. Discuss the viability of such an action with your lawyer. This could lead to a settlement or even a court ruling regarding an appropriate compensation amount for your damages.
Work with an Experienced New York Pregnancy Discrimination Lawyer
If you think you have faced pregnancy discrimination in your workplace, bring your record of the discrimination and your interactions with your supervisor and Human Resources to an experienced employment discrimination lawyer to discuss your options for filing and pursuing a pregnancy discrimination claim with the EEOC. Contact our team at Ricotta & Marks, P.C. today and call (716) 301-2704 to schedule your initial legal consultation with us. Do not wait to make the call – be proactive and start working on your claim with us today.
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