How to Prove Pregnancy Discrimination at Work

If you think you were not hired, did not get a promotion, were terminated, or denied benefits due to your pregnancy, you are not alone. Many women across Texas have filed charges of pregnancy discrimination with the Equal Employment Opportunity Commission or EEOC and similar state agencies every year. If you are thinking about filing a discrimination lawsuit, you need to know what you must prove. Working with a San Antonio Employment Discrimination Attorney lets you go through the process with more ease than when you do it on your own. 

How Pregnancy Discrimination Happens

Pregnancy discrimination is a form of sex discrimination. It happens when an employer treats an applicant or employee based on her pregnancy, childbirth, or related conditions. Under the law, it is legal to refuse to hire a woman because she is pregnant.

It is important to keep in mind that the law does not give pregnant women any special rights. Discrimination laws exist to prevent employers from treating pregnant employees differently from other employees. 

Evidence You Need to Prove Pregnancy Discrimination

To succeed in your pregnancy discrimination case, you need to show that your employer treated you differently from others who were similarly situated because of your pregnancy. Regardless of the facts of your case you depend on, you must provide evidence that shows your employer made employment decisions because of your pregnancy. This evidence includes the following:

  • Direct evidence. This evidence exists when your employer admitted to acting with discriminatory intent. For instance, if you were denied a raise or promotion because your manager said you cannot travel as much once you have your baby, this would be direct proof of discrimination.
  • Circumstantial evidence. This evidence usually includes proof that your employer deviated from their usual practices or policies or changed their behavior after your pregnancy is apparent or known. For instance, let us say if your boss fired you before your date. Although they did not say that they terminated you because of your pregnancy, you can use facts that show they failed to follow their usual termination procedures in your case. 

If you believe you are facing pregnancy discrimination at work, speak with an experienced discrimination attorney immediately. If you still have your job, you may be able to save your jobs by taking some steps. Your attorney can send a letter to your employer about your intention to complain. This letter might make your employer think twice about taking action against you.