How can I prove that my pregnancy caused me to be discriminated against at work?

Federal and state laws prohibit pregnancy discrimination in employment. The prohibition not only protects the pregnant employee from wrongful termination, but from discriminatory treatment in the terms and conditions of employment—such as pay, benefits, work assignments, leaves of absence and discipline.

Courts have recognized that, for obvious reasons, it’s rare for an employer to be so candid as to say, “I can’t hire your right now because you’re pregnant’ or “The timing of your pregnancy is inconvenient; we think it would be best if you left the company immediately.” According, the counts permit juries to draw inferences of discrimination based on “circumstantial” or “indirect” evidence, sucha as unwarranted disciplinary warnings or the sudden imposition of an inordinately heavy workload. Other examples of circumstantial evidence include hypercritical performance evaluations, an unexpected demotion or a transfer.

Timing is an important component of a discrimination claim. For example, if a woman is subject to any of the circumstantial-evidence examples above shortly after disclosing the news of her pregnancy, this could constitute potent evidence of pregnancy discrimination. Or, if the decision-maker responsible for the alleged discrimination fails to follow proper company protocol or has, in the past, made sexist statements, this can also be utilized as evidence.

What should a company do to accommodate a disabled worker?

The Americans with Disabilities Act [ADA] specifies failure to provide a ‘reasonable accommodation’ as illegal discrimination. Under the ADA, a reasonable accommodation is defined as environmental employment changes designed to allow a disable worker to perform essential job functions.

Changes may include restructuring or modifying work schedules; reassignment; equipment modification; appropriate adjustment of examination, training materials or policies; the provision of qualified readers or interpreters, and other similar accommodations. The employee must inform the employer of the nature of his or her condition and state how it affects the employment opportunity.

Once the employee communicates a need, the employer must engage in an interactive process to determine if the request is reasonable, whether alternative accommodations may be afforded or whether the changes impose and undue hardship on the employer. Unless the requested accommodation is unreasonable or imposes financial hardship, the employer must provide the accommodation.

Any employer who fails to engage in dialogue with the employee violates the law. It is important that the employee disclose the condition that impairs his or her ability to perform essential functions of the position in order to trigger the employer’s obligation to engage in dialogue.