Pregnancy Discrimination in Ohio
Our Columbus Ohio Pregnancy Discrimination Lawyers represent employees all over Ohio in pregnancy discrimination cases and lawsuits
Picture this: you work a full-time job, and you’ve recently discovered you are pregnant. You undoubtedly have a lot of questions: are you entitled to maternity leave in Ohio? Will you have a job to come back to when you return to work? And what about the potential for discrimination based on being pregnant or needing time off in Ohio? Your supervisor’s recent comments lead you to believe that the company is not happy about your need to take time off.
Your Ohio Employment Attorneys can answer each of these questions. We have represented employees throughout Ohio in pregnancy discrimination claims, and we’re here to help you protect your right to be free from discrimination related to pregnancy or childbirth. Reach out to us today to schedule a free consultation with an employment attorney.
Am I Entitled to Maternity Leave if I Become Pregnant?
How Can I Prove I Have Been Discriminated Against Due to my Pregnancy?
Under Title VII of the Civil Rights Act of 1964 and Ohio Labor Laws, employers may not discriminate against their employees based on their membership in a “protected class.” Protected classes include: race, color, national origin, sex, religion, and/or disability. Pregnancy discrimination is also included, because it is considered a subset of sex discrimination, since only women can become pregnant. To successfully assert a claim for pregnancy discrimination under Title VII, you must prove that:
1. You are/were pregnant;
2. You are qualified for your position;
3. You suffered an adverse job action; and
4. There is a causal connection between your pregnancy and the adverse job action.
The specific requirements for each of these elements are listed below.
How do I Prove That I’m Pregnant?
This element is usually pretty straight-forward, and it is established if you tell your supervisor and/or your HR department about your pregnancy. However, you can also establish a pregnancy discrimination claim based on your ability to become pregnant. This could occur, for example if a prospective employer tells you that you were not chosen for the position because you are female and could become pregnant at some point in the future.
How do I Prove That I’m Qualified for my Job?
What is an Adverse Employment Action?
How do I Establish a Causal Connection Between my Pregnancy and the Adverse Employment Action I Suffered?
Finally, you must prove there is a “causal connection” between your pregnancy and the adverse employment action you suffered. You can establish this “causal connection” in one of two ways:
First, you can prove this causal connection by showing that male and non-pregnant female employees were treated more favorably by your employer. You can do this in numerous ways. Has your supervisor made negative comments about your need for maternity leave or ability to keep up with your workload? Have you been subjected to excessive discipline or increased scrutiny over your work performance? Have other pregnant employees faced similar treatment in the past? These can all constitute evidence of disparate treatment. Moreover, you can also use the timeline of events to your advantage. For example, if you announce your pregnancy to your employer and then you are fired a week later, this quick turnaround time helps establish a causal connection between your pregnancy and your termination.
Second, you can also prove the causal connection element by showing that you were replaced by a male or non-pregnant female employee. However, this option is only available to you if you were terminated, and only if your employer knew about your pregnancy before you were fired.
The birth of a child should be a celebration, not a source of stress based on what might happen to your job. If you believe you’ve been discriminated against due to your pregnancy, contact your Ohio Discrimination Attorney today for a free consultation.
For information regarding workplace discrimination and employee rights see our Labor Law FAQs.
Our pregnancy discrimination lawyers represent employees all over Ohio, including Columbus, Toledo, Cleveland, Cincinnati, Dayton and everywhere in between. Our central location in Columbus, Ohio makes it easy and convenient to represent employees everywhere in Ohio. Call us today!