Friday, October 9, 2009

Do I Have a Claim? - Pregnancy Discrimination

The following is a typical employment law related question. An employee asks whether her employer can cut her hours because she is pregnant. She adds that the employer is encouraging others to say that she is not doing her job. She also asserts that the workplace has become hostile since management learned about her pregnancy. Given this atmosphere, the employee wonders if she has a claim against her employer.

Congress amended Title VII of the Civil Rights Act by passing the Pregnancy Discrimination Act to protect women who experience discrimination because of pregnancy, childbirth, or other related conditions. In the above, scenario, the employee has a potential claim(s) if she can show that her employer changed the terms and conditions of her employment based on her pregnancy. Discrimination is always hard to prove because the employee has to show intent on the part of her employer. In a situation such as this, the employee should consult with an employment attorney to determine the next course of action.