Birmingham Pregnancy
A pregnancy announcement should not become the reason an employer cuts your hours, passes you over, or ends your employment. If your treatment changed after your employer learned you were pregnant, start with what happened, who made the decision, and the explanation you received.
Aventus Law PLLC represents employees in Birmingham and throughout Alabama from 324 Commons Drive, Suite 34, Birmingham, AL 35209. Call (205) 210-8533 for 24/7 intake.
Pregnancy discrimination under Title VII
Title VII, as amended by the Pregnancy Discrimination Act, prohibits discrimination because of pregnancy, childbirth, or related medical conditions. It generally covers employers with at least 15 employees. The protections can apply to hiring, compensation, assignments, promotion, benefits, and termination.
An employer cannot base an employment decision on assumptions that pregnancy makes an applicant unreliable or that a new mother will lack commitment. A decision following an announcement does not, by itself, establish discrimination. Biased comments, inconsistent explanations, departures from ordinary procedures, and treatment of other workers can help explain what occurred.
Title VII also requires equal treatment of workers affected by pregnancy and others similar in their ability or inability to work. If your employer offered light duty, leave, or another benefit to other workers but denied it to you, the policy, comparisons, and reasons for the difference deserve review. Our sex discrimination page explains the broader Title VII protection.
Separate discrimination from accommodation rights
The separate Pregnant Workers Fairness Act generally requires covered employers to reasonably accommodate a qualified worker's known pregnancy-related limitations unless doing so creates an undue hardship. Some pregnancy-related conditions may also qualify under the Americans with Disabilities Act. FMLA leave involves separate eligibility requirements.
Preserve your pregnancy disclosure, requests for assistance, employer responses, schedules, and performance records that you lawfully possess. Record dates and identify witnesses. Do not obtain confidential coworker records or access systems without authorization. Tell us if you complained about discrimination and then experienced discipline or another employment change.
Keep communications about possible adjustments and explain what work you could perform, what assistance you requested, and which alternatives the employer considered or rejected.
Bring the job posting or promotion criteria if a hiring or advancement decision is involved. We assess your qualifications, the stated requirements, and the employer's explanation alongside the pregnancy-related evidence.
Protect your filing deadline
In Alabama, employees generally have 180 days from the alleged discriminatory act to file an EEOC charge. Federal employees ordinarily must contact an EEO counselor within 45 days. Different procedures and exceptions can apply. An internal complaint generally does not extend the EEOC filing period.
Discuss your circumstances with Aventus Law PLLC before resigning or signing a release. Call (205) 210-8533. Contacting the firm does not file a charge or preserve a deadline.
General information, not legal advice for a particular situation. Representation requires the firm's agreement.
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