Boston Pregnancy Discrimination Lawyers

Defending Your Rights Against Pregnancy Discrimination in MA

Davis & Davis, P.C., has represented pregnant women in a variety of employment cases. We also represent employers faced with pregnancy discrimination claims in Middlesex, Essex, and Suffolk counties.

If you find yourself facing a pregnancy discrimination lawsuit from either side, you can trust that Davis & Davis, P.C. will represent your best interests and fight for your rights. Whether we settle the matter through ADR or need to turn to litigation, your case is in good hands.

What Is Pregnancy Discrimination?

The Pregnancy Discrimination Act of 1978 bans discrimination based on pregnancy, childbirth, or related medical conditions. Pregnancy discrimination compromises treating a person, including an employee or applicant, unfavorably in any aspect of employment:

• Hiring
• Firing
• Pay
• Job assignments
• Promotions
• Layoffs
• Training
• Fringe benefits (such as leave and health insurance)
• Any other terms or conditions of employment

If you feel like you have been discriminated against based on the fact that you are pregnant, we are here to help! Call David & Davis P.C. today for a consultation!

Workplace Rights for Pregnant Employees in MA

Pregnant women in Massachusetts have certain rights under both the state and federal statutes that prohibit discrimination in the workplace based on sex and disability. Pregnant women in Massachusetts also have the right to a leave of absence from work for pregnancy-related medical care and childbirth. Massachusetts companies cannot penalize women based on their pregnancy or use of maternity leave.

A Massachusetts employer generally may be liable if it uses a woman’s pregnancy, childbirth, or potential or actual use of maternity leave as a reason for any adverse job action. See School Comm. of Braintree v. MCAD, 377 Mass. 424, 427 (1979).

Three Types of Pregnancy Discrimination

The situations in which a pregnant woman, or a woman planning a pregnancy, may experience discrimination are numerous but generally fall within three classifications:

• Disparate treatment claims require the plaintiff to prove that the employer intended to discriminate against the employee on the basis of pregnancy
• Disparate impact claims require the plaintiff to prove that, while an employer’s practices are facially neutral, they have a disproportionate effect on a protected class.
• Discriminatory policy implementation, such as a “fetal protection policy” in a hazardous industry, alleges that the policy in question is discriminatory on its face. Such a policy can only be upheld if it is a bona fide occupational qualification.

Evidence Needed for a Strong Pregnancy Discrimination Claim

To establish a pregnancy discrimination case, you may need to provide evidence to support your claim. Here are some types of evidence that may be relevant:

• Documentation: Keep records of any communications related to your pregnancy, such as emails, memos, or letters. Document any discriminatory comments, actions, or behaviors directed towards you due to your pregnancy.
• Witness Statements: Statements from coworkers, supervisors, or others who observed discriminatory behavior or comments can be valuable. If someone else witnessed discriminatory actions, ask if they are willing to provide a written or verbal statement supporting your case.
• Medical Records: If your pregnancy resulted in medical conditions or complications, medical records can help establish the connection between your pregnancy and any adverse employment actions. Records of medical appointments or recommendations from healthcare providers can also be relevant.
• Performance Reviews and Evaluations: Compare your performance reviews and evaluations before and after your pregnancy announcement to see if there is a notable change in treatment. If there is a sudden negative shift in feedback or treatment, it may be indicative of discrimination.
• Company Policies and Procedures: Familiarize yourself with your company's policies regarding pregnancy, maternity leave, and anti-discrimination. It can strengthen your case if the company fails to follow its policies or if the policies are discriminatory.
• Timeline of Events: Create a timeline detailing the events leading up to and following the discriminatory actions. This timeline can help demonstrate a connection between your pregnancy announcement and any adverse employment actions.
• Comparative Evidence: If you show that other employees in similar situations were treated more favorably, it may help establish a pattern of discrimination.

Remember, it's crucial to consult with an employment law attorney specializing in pregnancy discrimination cases to discuss the specific details of your situation and get advice tailored to your circumstances. At Davis & Davis, P.C., we can help you understand your rights, guide you through the legal process, and determine the most effective strategy for your case.

Get Help from Boston's Trusted Pregnancy Discrimination Lawyers

We are always ready to consult with employees facing a discriminatory situation at work or with employers concerned about the possibility of pregnancy discrimination litigation. You can count on our pregnancy discrimination lawyers in Boston to handle your case with care while fighting hard to achieve a favorable resolution.