It is illegal for employers to make any employment decision based on pregnancy, childbirth, or a related medical condition. Employers can’t treat employees differently because of pregnancy when making decisions about wages, promotions, discipline, suspensions, or terminations.
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Pregnancy Discrimination FAQs
+ How do I prove an employment pregnancy discrimination claim?
Proving pregnancy discrimination in the workplace is similar to a disability discrimination case. Your employment lawyer needs to prove that you were qualified to perform the essential functions of your job, with or without reasonable accommodation. Employers will often fabricate a non-related reason for their decision about about wages, promotion, discipline, suspension, or termination that is either factually wrong or was not applied equally to similarly-situated employees.
+ Can my employer fire me if I claim pregnancy discrimination?
No. If your employer terminates you for making a complaint of pregnancy discrimination, then you have a retaliation case in addition to your pregnancy discrimination case.
+ How much is a wrongful termination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a wrongful termination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ How much is a workplace pregnancy discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a workplace pregnancy discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim pregnancy discrimination even if I quit my job?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Workplace pregnancy discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a pregnancy discrimination case?
In Minnesota, you have one year from the date of the last act of pregnancy discrimination to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the last act of pregnancy discrimination to file a claim with the Equal Employment Opportunity Commission, if you want to bring federal claims under Title VII or the Americans with Disabilities Act (ADA).
+ What should I do if my employer has discriminated against me because of a pregnancy?
Write everything down: what happened to you; the dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.