What To Do When Denied Employment Opportunities Because of Pregnancy
The Pregnant Workers Fairness Act under the Equal Employment Opportunity Commission (EEOC) protects your rights as a pregnant worker. If you’ve experienced discrimination in the workplace, unfair hiring practices, or unequal opportunities, you may be eligible for compensation. Below, our experienced pregnancy discrimination attorneys from Kent | Pincin Law discuss what to do when denied employment opportunities because of pregnancy.
Understanding Your Rights as a Pregnant Worker
When addressing pregnancy-based employment discrimination, you first must understand your rights and the laws surrounding workplace discrimination. According to the EEOC, employers cannot refuse to hire applicants who are qualified for roles simply because of pregnancy. On the same basis, employers must provide reasonable accommodations for pregnant employees and cannot retaliate against employees because of their pregnancy status.
Navigating employment opportunities amid pregnancy may feel overwhelming, but it shouldn’t. If you feel like you’ve been treated unfairly because of your pregnancy, then you may be experiencing discrimination.
For example, if a potential employer asks about your pregnancy status during an interview and then makes an unpleasant face or remark before telling you that you will not be chosen, you may need to consider legal recourse for pregnancy-related employment denials.
How To Respond to Pregnancy Discrimination in the Workplace
If you believe you’ve been discriminated against during the hiring process or in the workplace, you have multiple options for protecting your rights. Combating pregnancy discrimination in job applications helps you seek compensation while ensuring that the employer does not continue to refuse future qualified applicants. Here are the primary steps to take if denied jobs due to pregnancy.
Speak With Human Resources
If you’re experiencing pregnancy discrimination at a company you currently work for, you may first speak with human resources. For example, say you recently requested private breastfeeding facility accommodations from your employer, and they denied your request.
Many employers are legally required to meet this reasonable accommodation. You could speak with your HR team to let them know that you have experienced unfair actions from your employer so you will be escalating further if your company cannot meet your needs.
The human resources team may meet your accommodations, ending the issue there, or they may also deny your request. If they deny the request, you would need to move on to our next step.
If you experience pregnancy discrimination during the hiring stage and cannot reach out to the company’s HR team, you may need to immediately move on to the next step.
File an EEOC Complaint
If you’re researching what to do when denied employment opportunities because of pregnancy, you’ve likely come across the EEOC.
You can file an official complaint with the Equal Employment Opportunity Commission to open up a case regarding the discrimination that you experienced. The EEOC will investigate your case with your employer to decide what actions are necessary. If you consulted your HR team prior to this step, you may want to notify them before filing your EEOC complaint.
During the EEOC investigation process, the employer or company may attempt to send you settlement offers to avoid further escalation. Such settlements may seem appealing at the time, but they could be less than your case is worth. Because of this, you should move on to the third step for further legal support.
Contact a Pregnancy Discrimination Attorney
Filing an EEOC complaint can come with legal complexities that you may not be prepared to handle on your own. A pregnancy discrimination attorney can protect your rights, help you gather evidence, negotiate settlements on your behalf, and fight for your case in court. Ultimately, your attorney will have your financial interests and accommodation rights as a highest priority when developing your case.
If you’re unsure whether you should file an EEOC complaint, a lawsuit, or anything else, you should speak with an attorney. Your legal team can advise you based on your unique situation and case strength. Pregnancy discrimination attorneys have exceptional knowledge and experience of the laws surrounding the Pregnant Workers Fairness Act, so they will understand whether or not your rights were infringed upon by your employer.
Damages You May Be Eligible For
When asserting your rights when dealing with pregnancy and job denials, you may be eligible for various forms of compensation, such as the following:
- Pain and suffering (and other punitive damages)
- Back pay on lost wages
- Front pay on potential lost earnings
- Reimbursement for any out-of-pocket expenses, such as legal fees
- Potential equitable relief
You must work with an experienced legal team to seek maximum compensation. An attorney can help you fight for things like pain and suffering, which you may not be able to seek on your own.
Protect Your Rights by Contacting Kent | Pincin Law Today
Now that you know what to do when denied employment opportunities because of pregnancy, call Kent | Pincin Law at (310) 376-0922 to speak with an experienced California-based pregnancy discrimination attorney about your case.
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