When Do Pregnancy-Related Employment Decisions Constitute Pregnancy Discrimination?

Federal laws and the laws of Washington, D.C. prohibit employers from making pregnancy-related employment decisions in a wide range of circumstances. As the U.S. Equal Employment Opportunity Commission (EEOC) makes clear, as a general principle, “[p]regnancy discrimination is against the law.” If you have a claim against your employer (or former employer), you may be entitled to damages or other remedies, and an experienced Washington, D.C. pregnancy discrimination attorney will be able to take appropriate legal action on your behalf.

So, when can (and should) you file a pregnancy discrimination claim in Washington, D.C.?

Understanding the Laws that Protect You

Multiple laws protect employees in Washington, D.C. against pregnancy-related discrimination. Understanding what each of these laws prohibits is a key first step for understanding your legal rights:

Title VII of the Civil Rights Act of 1964 (Title VII)

Pregnancy-related discrimination is prohibited as a form of sex-based discrimination under Title VII. As amended by the Pregnancy Discrimination Act (PDA), Title VII prohibits not only discrimination based on an employee’s current pregnancy, but also past pregnancies, potential pregnancies, breastfeeding, pregnancy-related health conditions, and employees’ decisions regarding birth control and abortion.

Americans with Disabilities Act (ADA)

The ADA prohibits employers from discriminating against employees and job applicants who have pregnancy-related disabilities. While pregnancy itself is not classified as a disability under the ADA, various medical conditions related to pregnancy can entitle pregnant employees and job applicants to the ADA’s protections. In addition to prohibiting discriminatory employment practices, the ADA requires employers to provide “reasonable accommodations” to qualifying individuals.

Pregnant Workers Fairness Act (PWFA)

The PWFA requires employers to provide “reasonable accommodations” to pregnant workers, even if they do not have a qualifying disability under the ADA. While the PWFA does not prohibit other types of non-disability-related pregnancy discrimination, such discrimination falls under the broad prohibitions of Title VII.

Washington, D.C. Human Rights Act (DCHRA)

The DCHRA prohibits pregnancy-related discrimination as a form of either family status discrimination or marital status discrimination. Similar to Title VII, the DCHRA applies not only to pregnancy specifically, but also to pregnancy-related conditions.

Protecting Pregnant Workers Fairness Act (PPWFA)

The PPWFA is a Washington, D.C. law that is similar in scope to the federal PWFA. Under the PPWFA, employers in Washington D.C. must provide “reasonable workplace accommodations” to employees who need them, “because of pregnancy, childbirth, breastfeeding, or a related medical condition.”

Understanding What Constitutes Pregnancy Discrimination

As you can see, workers who are pregnant, who have been pregnant, and who are trying to become (or thinking about becoming) pregnant are entitled to numerous protections under federal and Washington, D.C. law. With this in mind, pregnancy-related discrimination can take many different forms. Some examples of possible grounds for filing a pregnancy discrimination claim in Washington, D.C. include:

• Hiring Decisions – Employers cannot refuse to hire employees because they are pregnant or due to other pregnancy-related circumstances.
• Pay and Placement Decisions – Employers cannot make pay and placement decisions based on an employee’s pregnancy or any pregnancy-related condition (including a pregnancy-related disability).
• Promotion Decisions – Among other prohibitions, employers cannot refuse to promote employees who are pregnant, who have expressed interest in becoming pregnant or who have recently had a child.
• Leave Decisions – Employers also cannot refuse to grant paid or unpaid leave (or require an employee to take paid or unpaid leave) for any pregnancy-related reason.
• Termination Decisions – Like other discriminatory firings, terminating a worker’s employment based on the worker’s pregnancy or any pregnancy-related condition is strictly prohibited.
• Decisions Regarding Reasonable Accommodations – Denying breaks for lactation, denying modified work schedules, and denying other reasonable accommodations can violate both the federal PWFA and Washington, D.C.’s PPWFA.
• Harassment in the Workplace – Pregnancy-related harassment is prohibited as a form of sexual harassment under Title VII and the DCHRA.

In all cases, proving pregnancy discrimination requires evidence that an employer’s decision was based on an employee’s pregnancy or a pregnancy-related condition. Employers can still take adverse employment actions against pregnant workers for legitimate purposes. However, a purported legitimate purpose may not simply be a pretext for a discriminatory employment action. Even if your employer ostensibly had a legitimate reason for its decision, if the decision was based on your pregnancy or pregnancy-related condition, you can—and should—take legal action to seek the remedies you deserve.

Determining if You Have a Pregnancy Discrimination Claim in Washington, D.C.

With all of this in mind, how do you know if you have a pregnancy discrimination claim in Washington, D.C.? To ensure that you are making informed decisions about your next steps, you should:

• Collect Your Records – You should collect any records that you think may be relevant to your pregnancy discrimination claim. Along with employment records such as pay stubs and official letters, these may include text messages, direct messages, and other written communications.
• Take Detailed Notes – You should also take detailed notes about why you believe you are a victim of pregnancy discrimination in the workplace. What happened? When did it happen? Who was involved? The more details you can write down to share with your attorney, the better.
• Schedule a Confidential Consultation – While several laws prohibit pregnancy discrimination in the workplace, assessing your legal rights will require a comprehensive assessment of the facts of your case. Scheduling a confidential consultation is the first step in the process.

If you have a pregnancy discrimination claim in Washington, D.C., you may be entitled to financial and non-financial damages. You may also be entitled to job placement or reinstatement, although you will need to think carefully about whether these are remedies you want to pursue. When you sit down with an experienced Washington D.C. pregnancy discrimination attorney, your attorney will be able to walk you through your options and explain everything you need to know about moving forward.

Schedule a Confidential Consultation with a Washington, D.C. Pregnancy Discrimination Attorney

If you are interested in speaking with a Washington D.C. pregnancy discrimination attorney about your legal rights, we invite you to get in touch. To schedule a confidential consultation at The Law Firm of J.W. Stafford, please call 410-514-6099 or contact us online today.