How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
4 Employment Lawyers are Online Now

Questions about Pregnancy Discrimination in the Workplace

What are my rights if I informed my employer that I was pregnant and got laid off?

Discrimination against pregnancy is considered illegal. Federal and many state laws are against discrimination based on pregnancy, child birth or related medical conditions. Federal law applies to employers with fifteen or more employees. There are many forms of pregnancy discrimination. Actions from employers based on pregnancy discrimination include: refusing to hire a pregnant applicant, firing or demoting a pregnant employee, denying the same or similar job when they return from a pregnancy related leave, and treating the pregnant employee differently than other employees. If an employee has faced any of the above, she may have a case for wrongful termination and/or pregnancy discrimination and can consider suing the employer. However, the employee may also have to prove conclusively that the action taken by the employer was a direct act of discrimination and was because of the pregnancy and not any other work or performance related issue that does not constitute discrimination. This can be tricky to prove and can result in many legal questions like the ones answered below.

If someone feels as if they are being discriminated against due to pregnancy what should they do?

It is always wise to follow the chain of command. If a co-worker is the one discriminating, then you should speak to you supervisor as the first step. On the other hand if discrimination is by the supervisor, then you would need to speak to the executive director or someone in senior management. If no action is taken, then you may want to consider filing a complaint with the local EEOC office and state that you believe you are being discriminated against because of the pregnancy. If applicable, you may also want to state that the harassment has resulted in a hostile work environment.

If it is standard policy for all employees of a specific company to have a certain vaccine in order to be employed, is it discrimination if a pregnant person cannot have the vaccine and is terminated for not receiving the vaccine?

During pregnancy, many vaccines are not safe to take and in many situations the employer should not be able to terminate employment because of refusal to take the vaccine for medical reasons. Many times this may be considered a form of discrimination. The employee in this case may have a legitimate reason to contact the EEOC for more investigation. The employer should not single someone out to have a procedure that could harm the health of their baby. If there is a doctor’s note showing that the mother should not get this vaccine, and the refusal to take the vaccine would not affect the ability to work, the employer should abide by the request and protect them and others from possible infection. Also, you may need to speak to an employment attorney to protect yourself in this issue, just in case there is any retaliation or if you were to be terminated because of the EEOC investigation.

In the state of Alabama if a company has less than fifteen employers can an employee file a EECO claim for pregnancy discrimination?

The federal law protects employees that work for employers with 15 or more employees. If your employer has less than 15 employees, then a pregnant employee may not have a legitimate case for pregnancy discrimination and may not be able to file a claim with EECO.

If someone is pregnant and unemployed, can she receive disability benefits?

State Disability Insurance Benefits are available to all forms of disabilities that prevent a person from working full-time. If a person is considered disabled because of pregnancy then she would normally be eligible for state disability benefits. However, if she is not currently employed, then she should be looking for employment at the time the application is filled out. Informing the investigator that you are taking time off or that you are out of town visiting family, etc., can result in a denial of benefits. Instances of discrimination are never easy to prove. When you face pregnancy discrimination, it can be quite an unsettling experience and can lead to uncertainty about your legal standing. If you feel you are getting discriminated against, you should consider seeking professional help or legal inputs and insights from Experts in Employment Law.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
4 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21124
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21124
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18368
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8473
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3829
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)