Filing a Pregnancy Discrimination Claim
Pregnancy discrimination can be as distressing as it is unfortunate. When, however, women are ready to fight such discrimination and hold employers accountable for violating their rights, filing a pregnancy discrimination claim with the U.S. Equal Employment Opportunity Commission (EEOC) will typically be the first step on the journey towards justice.
When to File a Pregnancy Discrimination Claim
By law, women who believe they have been the subject of pregnancy discrimination must file their claims with the EEOC within 180 days (or 6 months) of the incident or illegal actions. In fact, such filings must happen before bringing a lawsuit to court, as the law requires workers to exhaust the EEOC procedures/options prior to a case being tried.
Although 6 months may seem like a lot of time, it is not – especially when it comes to investigating and crafting a strong pregnancy discrimination case.
So, the bottom line is that it’s important to take action as soon as possible and not put off filing these claims. Waiting too long to pursue pregnancy discrimination claims can result in women limiting or losing their options for financial recovery.
Filing a Pregnancy Discrimination Claim with the EEOC
The following is a simplified overview of how pregnancy discrimination claims are filed with and resolved by the EEOC:
- A pregnancy discrimination claim is filed with the EEOC within 180 days of the incident in question.
- Once the claim has been received by the EEOC, the agency will inform the employer of the claim and will begin its investigation. The investigation process can include visiting a workplace, interviewing workers/potential witnesses and/or gathering other available evidence.
- After reviewing all of the evidence, the EEOC official overseeing the claim will then make a determination regarding whether an employer did, in fact, engage in pregnancy discrimination.
- Should the determination be that pregnancy discrimination occurred, the EEOC will attempt to resolve the claim without a lawsuit by, for instance, recommending mediation and/or facilitating the negotiation of a settlement.
- If no resolution can be reached, the EEOC may prosecute the charge itself (which occurs rarely), or it may issue the worker a Right to Sue, allowing the claim to proceed as a lawsuit in civil court.
Filing a Pregnancy Discrimination Claim: More Important Info
When it comes to filing a pregnancy discrimination claim, it’s also crucial to be aware that:
- You cannot be fired for pursuing these claims. In fact, if you are fired after filing a pregnancy discrimination claim, you may end up having another claim against your employer for wrongful termination (as it’s illegal for an employer to retaliate against you for standing up for your rights/reporting its wrongdoings).
- Having an experienced attorney represent you can be key to crafting the strongest possible case – and to winning that case.
Atlanta Pregnancy Discrimination Lawyer at the Law Firm of Barrett & Farahany, LLP
Are you ready to move forward with a pregnancy discrimination claim? If so, it’s time to contact an experienced Atlanta pregnancy discrimination lawyer at the Law Firm of Barrett & Farahany, LLP.
At Barrett & Farahany, we believe in helping people and protecting their rights, and we work in true partnership with our clients to fully understand their needs and provide them with the best representation. While this means that you can count on an Atlanta pregnancy discrimination lawyer at Barrett to involve you in strategy sessions and keep you informed about the progress of your case, it also means that you can rely on us to successfully represent your interests, aggressively fight for your rights and work diligently to help you obtain the compensation and justice to which you are likely entitled.