Can I Sue My Employer For Pregnancy Discrimination?

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April 5, 2023 by Marjorie R. Rogers, MA (English), Certified Consultant

Yes, you can sue your employer for pregnancy discrimination. Pregnancy discrimination is a form of illegal sex-based discrimination and is prohibited under Title VII of the Civil Rights Act of 1964 and other federal employment laws. To make a successful claim, you must prove that you were treated differently or less favorably than similarly situated employees due to your pregnancy.

This could include not being hired because of your pregnancy, being demoted or fired after disclosing it, or receiving unfavorable job assignments because of it. You may be able to seek legal remedies such as back pay, front pay, reinstatement in an equivalent position with the same benefits and seniority status as before the discriminatory act occurred, compensatory damages for emotional distress caused by the conduct suffered by you as well as punitive damages against employers who have engaged in intentional acts of discrimination.

  • Gather documentation: Collecting any evidence of potential discrimination is the first step in bringing a lawsuit against your employer for pregnancy discrimination
  • This includes emails, text messages, voicemails, or other documents that support your claims
  • It’s best to do this as soon as possible before any documents are destroyed or deleted
  • Notify Your Employer: Once you have gathered enough evidence and feel comfortable taking legal action against your employer, it’s important to notify them of their wrongdoing and give them a chance to fix the situation without going through formal litigation processes like a trial or hearing
  • You can do this by sending an official letter outlining how they violated anti-discrimination laws and what corrective measures should be taken immediately in order to remedy the situation and avoid further litigation expenses down the line
  • 3 File A Charge With The EEOC: After notifying your employer of their wrongdoings, if no resolution is reached then filing a charge with the Equal Employment Opportunity Commission (EEOC) may be necessary in order for you to pursue legal action against them
  • To file a charge with EEOC , you must fill out an online form detailing all relevant information about yourself and your complaint including dates of alleged discriminatory acts along with witnesses who could verify such incidents
  • 4 Prepare For A Lawsuit: If after filing with EEOC no settlement is reached between yourself & your employer then preparing for a full blown lawsuit may become necessary
  • This involves researching applicable laws so that when presenting your case during hearings & trials , you will have all facts at hand
  • Additionally , hiring attorneys specializing on employment law matters can help ensure that all proceedings are conducted fairly & according highest standards set forth by local courts & jurisdiction areas where cases take place
Can I Sue My Employer For Pregnancy Discrimination?


How Do You Prove Pregnancy Discrimination in the Workplace?

Proving pregnancy discrimination in the workplace is a difficult task, as it often requires gathering evidence of discriminatory practices that are not always obvious. In order to prove pregnancy discrimination, an employee must document any instances of unequal treatment because of their pregnancy and collect evidence that other employees were given preferential treatment for similar circumstances. This can include collecting emails or other documents which demonstrate different expectations placed on pregnant employees than on non-pregnant workers, such as being excluded from meetings or promotions despite having comparable qualifications.

Furthermore, witnesses who can corroborate claims made by the employee may also be beneficial in proving a claim of pregnancy discrimination in court. Ultimately, providing proof that an employer has treated someone differently due to their condition (in this case being pregnant) is essential when trying to prove a case of discrimination in the workplace.

What Qualifies As Pregnancy Discrimination?

Pregnancy discrimination is when an employer treats a pregnant employee or job applicant unfavorably because of her pregnancy. This includes any unfavorable treatment based on the fact that she is pregnant, has recently given birth, or may become pregnant in the future. Examples of unlawful conduct under the Pregnancy Discrimination Act include refusing to hire a woman due to her pregnancy status; firing a woman for informing her employer of her intention to take maternity leave; denying reasonable accommodations for medical needs related to pregnancy; treating a pregnant employee differently than other temporarily disabled employees; and forcing an employee to take unpaid leave during her pregnancy instead of providing reasonable accommodations.

How Much is a Pregnancy Discrimination Case Worth?

A pregnancy discrimination case can be worth a substantial amount of money, depending on the individual circumstances. Typically, damages that may be awarded in such cases include back pay, future wages lost due to discriminatory practices, emotional distress and punitive damages if intentional discrimination was found. In addition to these compensatory awards, courts may also order injunctive relief which requires employers to change their policies or behaviors related to pregnancy discrimination.

It is important for victims of pregnancy discrimination to seek legal advice as soon as possible so they can determine the value of their claim and understand what options are available.

What Rights Does a Pregnant Woman Have at Work?

Pregnant women have the right to be treated fairly and with respect at work. Employers are legally required to provide reasonable accommodations for pregnant employees, such as time off for medical appointments or additional restroom breaks. They can’t discriminate against a woman due to her pregnancy or take any disciplinary action related to it.

Pregnant women also have the right to continue working until their baby is born unless their doctor advises otherwise, and they cannot be forced into unpaid leave. In certain circumstances, employers may need to pay wages during maternity leave in order for an employee’s job position not being filled by someone else while she is away from work on maternity leave.

What Exactly Is Pregnancy Discrimination? | Ask An Employment Lawyer

Pregnancy Discrimination Settlement Amounts

Pregnancy discrimination settlement amounts vary widely depending on the specifics of the case. Recent awards have ranged from $25,000 to more than $1 million, with punitive damage awards being much higher in cases involving egregious behavior or neglect by employers. In some instances, a company may even be required to make sweeping changes to their policies and procedures related to pregnancy discrimination in order to prevent similar situations from occurring in the future.


In conclusion, it is clear that pregnancy discrimination in the workplace is a serious issue. If you feel as if you have been treated differently due to your pregnancy status or gender, then it is important to reach out for legal help. An experienced lawyer can provide guidance and advice on how best to approach the situation and possibly pursue a claim against your employer if necessary.

It’s never too late to fight for justice!

About Author (Marjorie R. Rogers)

The inspiring mum of 6 who dedicates her time to supporting others. While battling with her own demons she continues to be the voice for others unable to speak out. Mental illness almost destroyed her, yet here she is fighting back and teaching you all the things she has learned along the way. Get Started To Read …