Asked by: Ginebra Wogner
Asked in category: family and relationships, pregnancy
Last Updated: 10th May 2024

Can I sue my employer for pregnancy discrimination?

You may file a discrimination suit against your employer if you feel your employer fired you or discriminated against your because of your pregnancy. You must first file a complaint with the Equal Employment Opportunity Commission and then receive a right-to-sue letter.



Afterwards, you might also wonder, "What does the Pregnancy Discrimination Act include?"

Pregnancy Discrimination Act, (PDA), prohibits discrimination based upon pregnancy in any aspect of employment. This includes hiring, firing and job assignments, promotion, layoff, layoff, fringe benefits such as leave and insurance.

How do you prove discrimination in pregnancy? You must prove four things using either direct or circumstantial proof to win:

  1. You or your spouse were/are pregnant
  2. You were qualified to hold the job.
  3. Your employer made a negative job action against you. This could include firing, demotion or denial of promotion.

An employer can discriminate against pregnant women.

Employers cannot refuse to hire pregnant women because she is pregnant, because of a pregnancy related condition or because of prejudices from co-workers or clients. Employers cannot exclude pregnancy-related conditions from special procedures that determine an employee's ability and fitness to work.

How can discrimination against pregnant women be prevented at work?

Do not ask a pregnant employee to request leave, light duty, or other accommodations she did not request. Check that policies and facilities are compliant with the ACA's breastfeeding requirements. Additional requirements may be found in state and local laws.