Photo of the attorneys of Costello, Mains and Silverman, LLC

Advocates for NJ and PA
Workers & Their Families

Partners and Counsel of Costello, Mains & Silverman, LLC
  1. Home
  2.  » 
  3. Workplace Discrimination
  4.  » How to prove pregnancy discrimination at work

How to prove pregnancy discrimination at work

On Behalf of | Sep 12, 2019 | Workplace Discrimination |

Finding out that you are pregnant is one of the most exciting times in life. It can turn stressful quickly if your employer discriminates against you when they find out you are going to have a child. It is illegal for employers to discriminate against their employees or against prospective employees because they are pregnant. Today, let’s explore how you can prove pregnancy discrimination by your employer so you can file a claim.

If you plan to file a formal complaint against your employer for pregnancy discrimination, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC). You can also file a complaint with the state agency if your complaint is not against a federal employer.

The EEOC enforces a strict statute of limitations when it comes to filing a claim of pregnancy discrimination. You have just 180 days from the date the discriminatory act took place on the job to file the claim against your employer. If there is a local or state agency that enforces the same law, the statute of limitations can be extended to 300 days.

You will need four pieces of evidence in order to prove your pregnancy discrimination claim, and they include the following:

  • You or your significant other was pregnant
  • You qualified for the job
  • An adverse action was taken against you by your employer
  • A connection exists between the pregnancy and the adverse action

As you can see, you will need a bit of evidence to prove that your employer has discriminated against you because of your pregnancy. Be sure to document everything you believe is discrimination, so you can build a solid case against your employer.