As a plaintiff’s employment attorney specializing in workers’ rights, I advocate for employees who have experienced discrimination, retaliation, or sexual harassment in the workplace. Specifically, I focus on helping pregnant individuals who have been unfairly treated at work. If someone is fired during or after pregnancy or maternity leave, it could indicate discrimination. Individuals must understand their rights in such situations.
Federal laws such as the Pregnancy Discrimination Act, Title VII of the Civil Rights Act, and the Pregnant Workers Fairness Act protect pregnant employees from discrimination in the workplace, provided the employer has at least 15 employees. These laws prohibit termination or mistreatment solely based on pregnancy. Additionally, the Pregnant Workers Fairness Act mandates that employers should provide reasonable accommodations for pregnancy-related limitations.
While a person can be demoted or terminated for reasons unrelated to pregnancy, individuals need to recognize potential discriminatory actions related to their pregnancy or parental leave. The Family and Medical Leave Act (FMLA) offers unpaid leave protection, but it doesn't make employees immune to termination for non-FMLA-related reasons. However, being fired during or after FMLA leave raises concerns and may warrant legal investigation.
Individuals need to understand that they don't have to wait until termination to seek legal counsel. If they believe they are experiencing discrimination due to pregnancy or medical leave at any point during their employment, contacting a plaintiff’s employment lawyer is advisable. Early engagement with a specialized lawyer can provide guidance on documenting incidents, responding to employer communications, understanding claim deadlines, and protecting their rights.
Legal consultation fees can vary, and individuals with potential claims under discrimination statutes may be able to access free consultations. Employment lawyers often work on a contingency fee basis, taking a percentage of the settlement, or an hourly rate. The decision to involve a lawyer does not hinge on possessing extensive evidence; the individual's testimony holds weight in these cases.
Regarding compensation for discrimination, lost wages can be recovered until re-employment, including potential differences in salary and future "front pay." Compensatory damages are also available but may be capped based on the employer's size. It's essential to recognize that each discrimination case is unique.