Pregnancy Discrimination

Have you been treated differently because you are pregnant? Have you been denied a promotion at work because your due date was coming up? Has your employer granted others leave while unreasonably denying leave for you to tend to pregnancy related matters? If so, you might have been discriminated against because of your pregnancy. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Kalandra N. Wheeler and Robert J. Wiley represent Houston workers who have been discriminated against because of their pregnancy. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have been discriminated because of your pregnancy you need an attorney that understands your situation and that will fight for you.

Pregnancy discrimination can take form in a variety of different manners. As such, there are a variety of laws that protect a woman during these times. This should be a joyous time. Not one where you should have to worry about your job.

Under the Pregnancy Discrimination Act of 1978, it is prohibited to discriminate against an employee because they are pregnant or have any conditions related to the pregnancy. Significantly, an employer is required to give the same leave, benefits, and conditions of employment to pregnant employees that they provide for everyone else.

Examples of Pregnancy discrimination in employment include:

• Refusal to hire a women because she is pregnant despite being able to perform the major functions of the job;
• Firing or laying off a women based on her pregnancy;
• An employer failing to provide pregnant employees equal access to the benefits offered to other employees; and
  
• An employer refusing to train a pregnant employee.

Furthermore, the Family and Medical Leave Act (“FMLA”) assures that if an eligible employee requires leave to care for themselves they are entitled to 12 weeks of unpaid time off. This time can also be used to care for a newborn child.

Additionally, under the American with Disabilities Act (“ADA”) several of the ailments that a woman may suffer during pregnancy are considered covered under the act. Such ailments may include:

• Gestational diabetes;
• Extreme morning sickness;
• Pregnancy-induced hypertension; and
• Other complications related to pregnancy.

Thus, although pregnancy itself is not typically considered a disability, pregnancy related ailments may be covered by the ADA. As such, your employer is required to reasonably accommodate your disabilities if you are still able to perform your essential job functions.

In essence, your employer must treat you like any other employee. If other employees are able to get leave because of their non-pregnancy related ailments so must you.

You have worked too hard to be illegally discriminated against just because you are currently pregnant. The law requires you to not sit idly by and let employers violate your rights. You must act in order to protect your rights. You must act in order to make sure your employer follows the law.

The only way to defend not only your rights as a hard working employee but those of others is to step forward. We can only do our jobs if workers fight unfair employment practices. It can be difficult to step forward and take a stand and that is why you need a team of professionals that will be with you every step of the way.

Take Action

If you feel you have been discriminated against merely because you are pregnant, do not hesitate to contact our law firm. There are many deadlines that may require a quick turnaround. Depending on your case you may have anywhere from 180 to 300 days to report violations of the law to the TWC or EEOC. If you choose to contact us, you will meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and work to enforce your rights.

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