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Thousands of pregnancy discrimination cases are filed each year with the Equal Employment Opportunity Commission (EEOC).
Pregnant women are often passed over for promotions, benefits, on the job training, and much more because their employer’s discriminate against them on the basis of pregnancy and motherhood.
In order to win a pregnancy discrimination case, one must show evidence it was more likely than not that their employer took some sort of action against them because they were pregnant. They must show that they were treated differently than the other employees who were in similar positions, due to being pregnant.
There are two kinds of evidence that a victim of pregnancy discrimination can present:
Direct evidence
This is concrete evidence such as when a employer tells an employee that they took an action against them because they were pregnant, and thus revealed their intent to discriminate against their employee.
Any statement an employer makes about an employee’s pregnancy status that played a factor in their decision-making process, can be used against them in a court of law.
Any written or recorded messages with these type of statements can make for a very strong case. Keep any emails, text messages, voicemails, meeting notes, along with dates and times, to enter into evidence.
Circumstantial evidence
An employer may not admit that pregnancy played a factor in an employment decision, but due to actions taken by them, a court may infer that the employer had the intent to discriminate against an employee on the basis of pregnancy.
An employee only has to prove that it was ‘more likely than not’ that their employer discriminated against them on the basis of their pregnancy status.
Some indicators that can be strong circumstantial evidence include:
Suspicious timing
-Terminating a pregnant employee immediately before her due date.
Comparing treatment of employees
-Giving a promotion to an employee in a similar position who has less experience instead of a pregnant employee.
Deviating from standard business policy
-Terminating a pregnant employee due to performance, but only warning other employees who had the same performance issues.
Using a combination of direct evidence and circumstantial evidence can help a victim with their pregnancy discrimination claim. Consult with an attorney about deadlines for filing you claim. If you have not been terminated, but believe you may be terminated, speak to a lawyer about having them draft a letter to your employer to protect your position. If you have already been terminated, a discrimination attorney can assist you with obtaining necessary evidence and advise you on filing a claim.
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