Documenting Pregnancy Discrimination in the Workplace

Pregnancy discrimination is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII) and the Washington D.C. Human Rights Act (DCHRA). When employers engage in unlawful pregnancy-based discrimination, affected employees can (and should) take legal action. An experienced Washington D.C. pregnancy discrimination lawyer can help, and employees who have questions about taking legal action should consult with an experienced lawyer promptly.

5 Important Steps to Take if You Think You May Have a Pregnancy Discrimination Claim

Employees who believe they may be victims of pregnancy discrimination in the workplace should also do what they can to document their claims. Some examples of steps employees should take, if possible, include:

1. Take Detailed Notes

If you think you may be a victim of pregnancy discrimination, you should take detailed notes. Write down all of the reasons why you believe that you have been treated unfairly. If possible, you should record details such as:

• The nature of the pregnancy discrimination you experienced (i.e., whether you were fired or denied a promotion);
• Where and when the instance (or instances) of discrimination took place, and who was involved;
• Whether anyone witnessed the discrimination you experienced (or whether anyone was copied on relevant communications);
• Whether you have information about any coworkers who were not pregnant receiving different treatment; and,
• Whether you reported the discrimination internally—and, if so, where, when, how, and to whom you reported it.

These are just examples. To assess your legal rights, your lawyer will need to know the specific details of your case. As a result, when taking notes, you should focus on being as accurate and comprehensive as possible—and you should avoid making any assumptions about what may or may not be relevant. After reviewing all of the facts of your case, your lawyer will be able to determine whether a claim for pregnancy discrimination is warranted.

2. Keep All Relevant Employment Records

Along with taking detailed notes, you should also keep copies of all relevant employment records. For example, if you have any of the following, you should be sure to keep these in a safe place until you can share them with your lawyer:

• Any documentation related to the adverse employment action you experienced related to your pregnancy;
• Past performance reviews;
• Documentation of previous promotions, awards, or other favorable performance at work;
• Your employer’s anti-discrimination policies (if any); and,
• Your copy of your pregnancy discrimination complaint (if you filed one).

If you don’t have any of these records, that’s okay—your lawyer can seek to obtain them from your employer if necessary. But if you can bring any of these records to your initial consultation, they will assist your lawyer with assessing your legal rights.

As a general rule, employees are entitled to retain copies of their employment records. With that said, if you have questions or concerns about taking any records from your employer’s premises or computer system, you should err on the side of caution. Again, your lawyer will be able to assist with seeking to obtain any documents needed to establish your pregnancy discrimination claim under Title VII or the DCHRA.

3. Preserve Copies of Relevant Communications

If you have any emails, text messages, direct messages, letters, or other communications that you believe may be relevant to your pregnancy discrimination claim, you should do what you can to preserve copies of these as well. Depending on the circumstances, these may include communications with your manager or supervisor, your coworkers, or your company’s human resources (HR) department. If it is not obvious why any communications are relevant to your claim, you should take detailed notes about this as well.

4. Focus on Disparate Policies and Outcomes

To establish a claim for pregnancy discrimination, you must be able to prove that you experienced an adverse employment action because of your pregnancy (or a pregnancy-related condition, such as breastfeeding or a medical condition related to pregnancy or childbirth). While some cases of pregnancy discrimination are obvious (i.e., if you received an email telling you that you would not be promoted because of your pregnancy), in many cases, proving discrimination will involve showing that you were adversely impacted by a disparate policy or a disparate outcome.

To be discriminatory, a policy does not have to expressly provide for disparate treatment based on pregnancy (or a pregnancy-related condition). Likewise, to have a pregnancy discrimination claim, you do not necessarily need to have been told that you were being treated differently because you were pregnant. If, for example, you were passed over for an opportunity in favor of a similarly qualified coworker who was not pregnant, this disparate outcome could be sufficient to establish a pregnancy discrimination claim under federal or Washington, D.C. law.

5. Keep Upholding Your End of the Bargain

Finally, as you go through the process of standing up for your legal rights, you should continue upholding your end of the bargain, if possible. In other words, if you are still working for the employer that discriminated against you, you should be careful to avoid doing anything that could justify disciplinary action or termination. While any after-the-fact performance issues will not excuse your employer’s discrimination, you do not want to do anything that could make your situation more challenging than necessary.

Going forward, if you are still working for the employer that discriminated against you, you should continue taking notes and keeping documents that you believe may be relevant to your claim. If you have questions about what you should be doing to protect yourself, your lawyer can explain everything you need to know.

Request a Call with a Washington D.C. Pregnancy Discrimination Lawyer

Do you have questions about filing a pregnancy discrimination claim against your employer (or former employer)? If so, we can help, and we strongly encourage you to get in touch. To speak with an experienced Washington D.C. pregnancy discrimination lawyer in confidence, call us at 410-514-6099 or tell us how we can contact you online today.