Pregnancy Discrimination Lawyers in
North Carolina and South Carolina
Pregnancy discrimination can take many forms, from being denied an accommodation or promotion to being fired after announcing a pregnancy. The last thing a pregnant employee should have to worry about is whether they can count on a future with their company. If you believe your employer has treated you unfairly because you are pregnant, recently gave birth, or have a pregnancy-related medical condition, Herrmann & Murphy can help. Contact our office in North Carolina or South Carolina to request a consultation today.
What is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employee or job applicant is treated unfavorably by an employer because of pregnancy, childbirth, or a related medical condition. This can include termination, refusing to hire or promote someone, forcibly reducing their hours or responsibilities, denying benefits, or otherwise treating a pregnant employee differently from other employees. Pregnancy discrimination can also include harassment or retaliation after an employee reports discrimination, or requests a pregnancy-related accommodation.
Federal law protects employees from discrimination based on pregnancy, including under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The Americans with Disabilities Act (ADA) also offers protections for medical complications developed during pregnancy. Finally, the Pregnant Workers Fairness Act (PWFA) enacted in 2023 requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
North Carolina state law offers similar protections from pregnancy discrimination and can provide even better remedies. South Carolina’s Human Affairs Law provides protection similar to the federal law and provides employees more time to file their discrimination claim, up to 300 days.
EEOC Guidance on Pregnancy Discrimination
The Equal Employment Opportunity Commission (EEOC) recognizes pregnancy discrimination as a form of sex discrimination. Employers generally cannot make employment decisions based on pregnancy, childbirth, or pregnancy-related medical conditions.
The PWFA also makes workplace accommodations an important part of pregnancy discrimination law. Employees may be entitled to an accommodation even when the underlying pregnancy-related condition does not qualify as a disability under the ADA. Covered employers may be required to provide a reasonable accommodation for a qualifying pregnancy-related limitation, unless doing so would cause an undue hardship. If you were fired, demoted, denied a reasonable accommodation, or otherwise treated unfairly because of pregnancy or childbirth, request a consultation with Herrmann & Murphy to discuss your situation.
Contact a Pregnancy Discrimination Attorney
Pregnancy discrimination strikes at the worst possible time when protecting an employee’s health is paramount. Expecting families have enough on their plates already. If you believe you are the victim of pregnancy discrimination, you should reach out for a consultation today.
Herrmann & Murphy represents employees in North Carolina and South Carolina who have experienced pregnancy and maternity leave discrimination, including those who were denied reasonable workplace accommodations or experienced retaliation. Reach out for a consultation today to discuss your legal options. Call our offices in North Carolina at 704.940.6399 or in South Carolina 864.516.7526.
Pregnancy Discrimination FAQs
Many situations could meet the legal criteria for a charge of pregnancy discrimination, such as:
- Comments about your pregnancy or plans to have children
- A sudden change in your performance evaluations
- Unusual scrutiny after announcing your pregnancy
- A termination or demotion soon after your employer learns of your pregnancy
- Different treatment of employees who are not pregnant
- Statements indicating your employer is concerned about maternity leave or your ability to work
Pregnancy discrimination happens even when an employer claims the decision was based on performance, attendance, restructuring, or another legitimate business reason. If you were terminated or disciplined after announcing your pregnancy, contact an employment attorney who can determine if your experience meets the criteria for a pregnancy discrimination lawsuit.
Employees must bring these claims to the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. Unfortunately, the EEOC is far more likely to harm your case than to help your cause. Reach out for a consultation before going to the EEOC if you believe you have experienced unlawful discrimination or retaliation. File with the EEOC immediately if it has been at least five months since the adverse employment action occurred.
No. An employer generally cannot fire an employee because they are pregnant, have given birth, or have a pregnancy-related medical condition when the decision is prohibited by law. If you were fired after telling your employer about your pregnancy, the timing and circumstances are important considerations. Request a consultation to discuss your scenario with an attorney.
Yes, but not always. Covered employers are generally required to provide reasonable accommodations for an employee’s limitations related to pregnancy, childbirth, or related medical conditions. Accommodations could include additional restroom or rest breaks, temporary reassignment or changes to job duties, telework, or time off for medical appointments.
Employers generally cannot require an employee to take leave when another reasonable accommodation can allow the employee to continue working. Submit a consultation request to discuss the specifics of your scenario with a pregnancy discrimination attorney.
No. The Family Medical Leave Act (FMLA) offers vital protections related to pregnancy. The FMLA guarantees 12 weeks of unpaid leave for qualifying employees and makes it illegal for employers to interfere with such leave or to retaliate against employees for requesting leave.
If you believe your employer treated you differently because of pregnancy, childbirth, or a pregnancy-related medical condition, it may be worthwhile to speak with an employment lawyer. You do not have to navigate pregnancy discrimination alone. Herrmann & Murphy can review the evidence and help you understand your legal options. It is also important to know that your employer cannot reliant against you for reporting pregnancy discrimination or participating in a discrimination lawsuit. Please request a consultation for more information.
