What Is Pregnancy Discrimination?

Pregnancy discrimination can take many forms but it involves discrimination on the basis of a pregnancy, childbirth, or related medical conditions. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other employees with similar abilities or limitations.

I Have Not Lost My Job But I Feel I Have Experienced Pregnancy Discrimination. Do I Have A Claim?

It is not necessary for a pregnant woman to have lost her job to have a valid pregnancy discrimination claim. Pregnancy discrimination takes many forms such as leaving your job because of a pregnancy, but it also can involve harassing a pregnant woman, making harassing statements, stripping of her primary job responsibilities, or giving her less desirable work. These are just some examples to show that pregnancy discrimination does not have to involve being fired from your job.

Do I Get To Receive The Same Fringe Benefits As Other Employees If I Am Pregnant?

Yes. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. These fringe benefits include accrual and crediting of seniority, vacation calculation, pay increases and temporary disability benefits.

Does My Health Insurance Provided By My Employer Have To Cover My Pregnancy-Related Treatment?

Yes. Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions.

Can My Employer Prohibit Me From Returning To Work Four Weeks After Giving Birth?

No. An employer may not have a rule that prohibits an employee from returning to work after a predetermined length of time after childbirth.

My Employer Filled My Job. Am I Entitled To Get My Old Job Back?

Employers must hold open a job for a pregnancy-related absence the same length of time that jobs are held open for employees on sick or disability leave.

My Employer Does Not Think I Can Do My Job So It Wants Me To Take Maternity Leave Before Childbirth. Can They Require That I Leave Before Childbirth?

If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby’s birth.

What Protections Do I Have if I File a Discrimination Charge?

It is unlawful to retaliate against an individual for opposing employment practices that discriminate for filing a discrimination charge, testifying, or participating in any way an investigation, proceeding or litigation for unlawful discrimination.

How Do I File a Charge of Discrimination?

Our Guide to Filing a Charge of Employment Discrimination will provide you some answers to starting the process of protecting your rights.

What If My Employer Retaliates Against Me For Filing A Complaint?

It is unlawful to retaliate against a person for imposing employment practices that discriminate based on sex or filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding or litigation under state or federal sexual harassment laws.

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

How Will My Employment Lawyer Get Paid?

Like most employment law cases, National Origin discrimination cases are typically handled on a contingency fee arrangement. This means that an attorney does not get paid until you recover damages in your case.

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.