Both state and federal laws protect pregnant employees from being discriminated against at work, so if you have been the victim of adverse action by an employer because of your pregnancy, you should retain an experienced workplace discrimination attorney who can explain your legal options.
The PDA is a federal law that prohibits employers with 15 or more employees from discriminating against an employee based on pregnancy or childbirth. This means that employers are barred from taking certain employment-related actions, such as:
Pregnant employees are also granted the same rights to accommodation as those who are temporarily disabled, which means that employers are required to make certain changes, including:
Another federal law, known as The Family and Medical Leave Act (FMLA) guarantees certain employees at least three months of unpaid leave to care for a new child. To find out if you qualify for FMLA leave, contact a member of our legal team today.
Fortunately, employees who work for smaller companies also receive some protection from discrimination under state law, which applies to employers with four or more employees. Under this law, Replace with Employers may not treat employees less favorably because of pregnancy or a pregnancy-related condition, including the receipt of fringe benefits.
Employees who have been discriminated against based on pregnancy can file a claim under federal law by sending a report to the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the claim and if necessary, attempt to resolve the issues through mediation or settlement. Otherwise, the employee will need to request a right to sue letter, which gives him or her 90 days to file a lawsuit in court. An employee who has been discriminated against also has the option of filing a claim with the Ohio Civil Rights Commission (OCRC) or directly in state court.
Successful plaintiffs may be able to collect the following types of damages:
Please contact Marshall Forman & Schlein LLC by calling (614) 463-9790 to schedule a free consultation with a knowledgeable workplace discrimination attorney who can evaluate your case.
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