The Role of the Equal Employment Opportunity Commission (EEOC) in Protecting Against Pregnancy and Disability Discrimination

Employment laws protect workers who are pregnant or live with disabilities. An employer can’t fire you, treat you differently from other employees, or refuse to hire you based on your condition. You also have the right to request reasonable accommodation to perform the job. 

If an employer still discriminates against you because of pregnancy or disability, you can file a claim with the Equal Employment Opportunity Commission (EEOC). Let’s explain how the EEOC protects against workplace discrimination. 

Pregnancy and Disability Discrimination: EEOC Safeguards

Different federal laws protect workers from pregnancy- or disability-related discrimination. These are the Civil Rights Act, the Pregnant Workers Fairness Act, and the Americans with Disabilities Act.

The EEOC enforces these laws in circumstances such as recruitment, promotions, firing, workplace harassment, and unequal pay or benefits. If you believe you’re experiencing discrimination because of your condition, the EEOC can intervene. 

Legal Protection From Discrimination: EEOC Insights

The EEOC extends its protection to all employees, applicants, or former employees. This includes protection from discrimination related to pregnancy or disability and from retaliation for complaining of such discrimination. For instance, the EEOC may also protect you if your employer fires or demotes you after you call them out on discriminatory practices. 

In its recent Strategic Enforcement Plan, the EEOC highlights eliminating discriminatory recruitment practices, protecting vulnerable employees (including pregnant workers and workers with disabilities), and advancing equality in the workplace. 

Enforcing Anti-Discrimination Laws: The EEOC’s Mandate

The EEOC’s authority empowers it to investigate any workplace discrimination charge based on pregnancy, disability, or other protected conditions. When an employee files a charge, the EEOC will look into their allegations to determine whether discrimination is indeed taking place. 

If the EEOC confirms that the worker likely suffered discrimination, it will try to settle the conflict via mediation. If this doesn’t work, the EEOC usually gives the charging party the right to sue the employer. On rare occasions, if the case presents a high interest to the public, the EEOC may sue the employer directly.

Understanding the EEOC’s Impact on Workplace Equality

As a federal agency focused on protecting employee rights, the EEOC plays a key role in creating a more equitable, respectful, and inclusive work culture. 

Apart from enforcing anti-discrimination laws, the EEOC works to prevent workplace discrimination and hiring bias. Its outreach and education programs provide information about its mission, the laws it enforces, and how charges work. The EEOC also offers no-cost training on preventing harassment, promoting workplace diversity, and accommodating employees with special needs.

By standing behind employees who experience discrimination, the EEOC helps hold employers accountable. Employers nationwide adopt more robust DE&I and anti-discrimination policies thanks to the EEOC’s work.

What Happens When You File an EEOC Charge?

So, how does the EEOC’s role in pregnancy and disability discrimination prevention work in practice? You can expect the following when you file a charge against your company:

1. The EEOC will notify your employer of the charge within 10 days. 
2. You and your employer must provide information about the alleged discrimination incident. The EEOC may review documents, interview witnesses, and visit the workplace as it works toward a fair decision. 
3. If the investigation finds probable discrimination against you, the EEOC will issue a Letter of Determination stating so. The EEOC will then encourage you and your employer to resolve the conflict through an informal conciliation process.
4. If conciliation doesn’t work, the EEOC will provide a Notice of Right to Sue, which gives you 90 days to file a lawsuit in a federal court. 

If the EEOC cannot find any evidence of discrimination, it will issue a Dismissal and Notice of Rights. Note that you can still sue your employer in federal court if you believe you have a case despite the EEOC’s findings, but you’ll probably need stronger evidence and assertive legal representation.

Do You Need a Lawyer for an EEOC Claim?

While you can file an EEOC charge yourself, we highly recommend having an experienced pregnancy discrimination lawyer review your case. Employment discrimination laws are complicated, and your employer will almost certainly deny any misconduct.

Moreover, the EEOC will probably issue a right-to-sue letter that allows you to file a lawsuit against your employer. It’s better to start working with a lawyer beforehand so you can take legal action as soon as the EEOC finishes processing your complaint.

Kent Pincin: Legal Protection for Pregnant and Disabled Workers in California

Did you experience discrimination as a pregnant or disabled worker in California? Contact us at Kent Pincin. Our dedicated employment lawyers can guide you through filing an EEOC charge, help you present compelling evidence, and handle the lawsuit against your employer. 

Call 310-376-0922 or complete our online form to consult a pregnancy discrimination lawyer.