Pregnancy Discrimination Creative & Effective Solutions

Oklahoma Pregnancy Discrimination Attorneys

Protecting the Rights of Pregnant Employees

Are you being treated unfairly at work because you’re pregnant? You may be a victim of pregnancy discrimination. This is illegal, and you have a right to fight back. At Mazaheri Law Firm, we are committed to helping pregnant employees who have been discriminated against by their employers. We understand that you may feel overwhelmed and unsure of where to turn. Our pregnancy discrimination lawyers in Oklahoma City can help you navigate the process of filing a claim and fight for a fair resolution.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats a pregnant employee unfavorably because of her pregnancy, childbirth, or a medical condition related to her pregnancy or childbirth. If you are pregnant and are being treated differently than your co-workers, you may be experiencing pregnancy discrimination. This is against the law.

What Are Your Rights as a Pregnant Employee?

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits pregnancy discrimination in the workplace. It applies to employers with 15 or more employees and covers all aspects of employment, including hiring, firing, promotions, and benefits. It also makes it illegal for an employer to retaliate against an employee for complaining about pregnancy discrimination.

The PDA requires employers to:

  • Treat pregnant employees the same as other employees who are similar in their ability or inability to work
  • Provide reasonable accommodations to pregnant employees who need them
  • Allow pregnant employees to continue working as long as they are able to perform their jobs

In addition to the PDA, Oklahoma employers must also comply with the Oklahoma Anti-Discrimination Act, which offers additional protections for pregnant employees.

What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave for a serious health condition. This includes pregnancy and childbirth. The FMLA applies to employers with 50 or more employees. To be eligible for FMLA leave, you must have worked for your employer for at least 12 months and for at least 1,250 hours in the 12 months before your leave.

Under the FMLA, you are entitled to return to your job or an equivalent position after your leave. If your employer does not allow you to return to work or retaliates against you for taking FMLA leave, you may have a claim against your employer.

How Do You Prove Pregnancy Discrimination?

If you believe you have been the victim of pregnancy discrimination, you may be able to file a claim against your employer. To do so, you will need to prove that you are pregnant, that you were qualified for the job, that you suffered an adverse employment action, and that your employer treated you differently than other employees who were similar in their ability or inability to work.

You will also need to prove that your employer knew you were pregnant and that your pregnancy was a motivating factor for the adverse employment action. This can be difficult to prove, as employers are not required to tell employees why they were terminated or passed over for a promotion.

What Is the Time Limit for Filing a Pregnancy Discrimination Claim?

If you believe you have been the victim of pregnancy discrimination, you should contact an attorney as soon as possible. There are strict time limits for filing a claim, and if you miss the deadline, you will lose your right to pursue legal action against your employer.

If you are experiencing pregnancy discrimination, you should consult with an attorney to understand your options and what steps you need to take to file a claim.

How Can a Pregnancy Discrimination Lawyer Help?

If you believe you are the victim of pregnancy discrimination, it is important to consult with an experienced attorney as soon as possible. At Mazaheri Law Firm, we can review your situation, explain your rights, and help you understand your options. If you have a viable claim, we can guide you through the process of filing a claim and fight for a fair resolution.

Our pregnancy discrimination attorneys in Oklahoma City can help you:

  • Investigate your claim and gather the necessary evidence to prove your case
  • File a claim with the Equal Employment Opportunity Commission (EEOC)
  • Handle all communication with the EEOC and your employer
  • Negotiate a fair settlement on your behalf
  • Take your case to court if a fair settlement cannot be reached

Can You Be Fired for Being Pregnant?

No. It is illegal for your employer to fire you because you are pregnant. The Pregnancy Discrimination Act (PDA) makes it illegal for employers to discriminate against pregnant employees in any aspect of employment, including firing. If you have been fired because you are pregnant, you may have grounds for a claim against your employer.

However, if you are unable to perform the essential functions of your job due to your pregnancy, you may be terminated. Employers are not required to make reasonable accommodations for pregnant employees if doing so would create an undue hardship for the business. However, if you can still perform the essential functions of your job, your employer must allow you to work.

What Is the Pregnancy Discrimination Act?

The Pregnancy Discrimination Act (PDA) is a federal law that makes it illegal for employers to discriminate against pregnant employees. It requires employers to treat pregnant employees the same as other employees who are similar in their ability or inability to work. The PDA also requires employers to make reasonable accommodations for pregnant employees who need them.

Reasonable accommodations may include:

  • Providing a stool or chair for a pregnant employee who is required to stand for long periods of time
  • Allowing a pregnant employee to take more frequent breaks
  • Providing a temporary job transfer
  • Modifying a work schedule
  • Modifying a no-food or no-drink policy

If you are pregnant and need a reasonable accommodation, you should request one from your employer. If they refuse, you may be able to file a claim against your employer.

How Do I File a Pregnancy Discrimination Claim?

If you believe you have been the victim of pregnancy discrimination, you should file a claim with the Equal Employment Opportunity Commission (EEOC). You can do this by contacting your local EEOC office, which is the Oklahoma City Area Office.

You can file a claim in person, by mail, or by phone. You will need to provide your name and contact information, your employer’s name and contact information, a brief description of the events that led to the discrimination, and when the discrimination occurred. You must file a claim within 180 days of the incident. If you do not, you will lose your right to pursue legal action against your employer.

After you file your claim, the EEOC will investigate your claim and determine if your employer violated the law. If the EEOC believes your employer violated the law, they will attempt to reach a settlement. If a settlement cannot be reached, the EEOC may choose to file a lawsuit on your behalf.

Alternatively, the EEOC may issue a right-to-sue letter. This will allow you to pursue legal action against your employer on your own. If you receive a right-to-sue letter, you should contact an attorney as soon as possible to understand your rights and what steps you need to take to file a claim.

Reasonable Accommodation for Pregnancy

Under federal law, employers must also grant reasonable accommodation for pregnant employees. The Pregnant Workers Fairness Act (PWFA) is a federal law that went into effect in 2023, providing pregnant employees with similar protections granted to people with disabilities.

When an employee becomes pregnant, they can request changes to their work environment that accommodate their needs as pregnant people. For example, cashiers who must stand may request seating or more frequent rest breaks to accommodate their pregnancies. If a pregnant employee's job requires them to lift heavy loads, they can request to be reassigned or swap duties with a coworker.

Employers may not have to grant the accommodation specifically requested, but they can't make frivolous ultimatums when some other form of accommodation is available. Employers can deny requests for any kind of accommodation only if they can demonstrate that doing so would impose an undue hardship onto their business.

What Is the Time Limit for Filing a Claim with the EEOC?

You must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. If you do not, you will lose your right to pursue legal action against your employer. However, if you file a claim with the Oklahoma Human Rights Commission (OHRC), you will have 300 days to file a claim with the EEOC.

What Is a Right-to-Sue Letter?

A right-to-sue letter is a letter from the Equal Employment Opportunity Commission (EEOC) that allows you to pursue legal action against your employer. If the EEOC believes your employer violated the law, they will attempt to reach a settlement. If a settlement cannot be reached, the EEOC may choose to file a lawsuit on your behalf. Alternatively, they may issue a right-to-sue letter. This will allow you to pursue legal action against your employer on your own.

If you receive a right-to-sue letter, you should contact an attorney as soon as possible. An attorney can help you understand your rights and what steps you need to take to file a claim.

What Is the Pregnancy Discrimination Act?

The Pregnancy Discrimination Act (PDA) is a federal law that makes it illegal for employers to discriminate against pregnant employees. It requires employers to treat pregnant employees the same as other employees who are similar in their ability or inability to work. The PDA also requires employers to make reasonable accommodations for pregnant employees who need them.

Reasonable accommodations may include:

  • Providing a stool or chair for a pregnant employee who is required to stand for long periods of time
  • Allowing a pregnant employee to take more frequent breaks
  • Providing a temporary job transfer
  • Modifying a work schedule
  • Modifying a no-food or no-drink policy

If you are pregnant and need a reasonable accommodation, you should request one from your employer. If they refuse, you may be able to file a claim against your employer.

What Is the Time Limit for Filing a Claim with the EEOC?

You must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. If you do not, you will lose your right to pursue legal action against your employer. However, if you file a claim with the Oklahoma Human Rights Commission (OHRC), you will have 300 days to file a claim with the EEOC.

What Is a Right-to-Sue Letter?

A right-to-sue letter is a letter from the Equal Employment Opportunity Commission (EEOC) that allows you to pursue legal action against your employer. If the EEOC believes your employer violated the law, they will attempt to reach a settlement. If a settlement cannot be reached, the EEOC may choose to file a lawsuit on your behalf. Alternatively, they may issue a right-to-sue letter. This will allow you to pursue legal action against your employer on your own.

If you receive a right-to-sue letter, you should contact an attorney as soon as possible. An attorney can help you understand your rights and what steps you need to take to file a claim.

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Rules Regarding Pregnancy & Maternity Leave

A pregnant employee may not be barred from the workplace so long as she is able to perform her job without undue obstruction or reasonable accommodation. Women who temporarily leave the workplace due to pregnancy-related complications must be permitted to return to work if deemed safe by a doctor. The same allowances must be given to a woman who has recently given birth to a child.

If an employer allows for sick or disabled employees to take medical leave without pay, the same leave opportunities must be granted to a pregnant woman, or a new mother. Additionally, many women qualify for 12 weeks of leave – paid or unpaid – due to the Family and Medical Leave Act (FMLA) after giving birth to a child. Eligibility is generally granted after a woman has worked at least a full year with the employer before requesting leave, and so long as that employer has 50 or more employees; some variances in eligibility may be present in your state.

Your Health Insurance & Benefits

If you have employer-supplied health insurance, it must cover medical expenses related to pregnancy as if it was coverage for any other health or medical condition. There is currently no mandatory medical coverage for any costs incurred due to a non-mandatory abortion; an abortion is considered mandatory if the mother’s life would have been in jeopardy had an abortion not been performed.

Reimbursable medical events related to pregnancy can include:

  • Regular doctor checkups.
  • Medication prescribed due to pregnancy-induced illness.
  • Costs related to labor and delivery.
  • Post-delivery treatments.

Reasonable Accommodation for Pregnancy

Under federal law, employers must also grant reasonable accommodation for pregnant employees. The Pregnant Workers Fairness Act (PWFA) is a federal law that went into effect in 2023, providing pregnant employees with similar protections granted to people with disabilities.

When an employee becomes pregnant, they can request changes to their work environment that accommodate their needs as pregnant people. For example, cashiers who are required to stand may request seating or more frequent rest breaks to accommodate their pregnancies. If an pregnant employee's job requires them to lift heavy loads, they can request to be reassigned or swap duties with a coworker.

Employers may not have to grant the accommodation specifically requested, but they can't make frivolous ultimatums when some other form of accommodation is available. Employers can deny requests for any kind of accommodation only if they can demonstrate that doing so would impose an undue hardship onto their business.

We Will Stand Strong with You

Discrimination against pregnant women in the workplace or by employers is completely unacceptable, yet it often goes unchecked because many women do not know their protected rights. Our Oklahoma City pregnancy discrimination attorneys hope to change that for your case.

Contact our firm, discuss what happened to you with our legal professionals, and find out what you can do to set things right again.

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