Pregnancy discrimination is illegal in every state in the union, yet it is thriving in workplaces all across the country. Many companies treat pregnancy as an inconvenience that costs them time and money. Too often, employers fire women when they become pregnant, or deceive them into resigning by misrepresenting the law, refuse to accommodate their pregnancy-related needs, deny them leave or benefits, or just give them a hard time.
In our recent teleclass, facilitated by Jack Tuckner, women’s rights expert and advocate, and author of Women’s Rights in the Workplace: A Guide to Pregnancy Discrimination. Jack walked us through:
- Recognizing and defining pregnancy discrimination
- Knowing your maternity leave rights
- Reasonable accommodations
- What to do in the event of discrimination
In case you missed it, here is a link to the recorded teleclass.
The following is a very informative blog originally posted by Tuckner, Sipser, Weinstock & Sipser, LLP. Further material and contact information can be found at their website:
“Although you may be quite tempted to resign or quit your position due to severe harassment or discrimination, it is a decision that you may deeply regret later on.
Save for certain special and extreme circumstances known as constructive discharge, you must first file a formal complaint notifying your employer of your belief that you are being discriminated against on the basis of your sex. For example, in that you are being sexually harassed, or that you are being treated badly due to your pregnancy, or that you are being paid less than men performing comparable work, or because of your race and color, national origin, religion, sexual orientation, age, disability and/or perceived disability, etc. The upshot of all this is that you must notify your employer if you believe that you are being discriminated against because of your sex, race, color, national origin, etc.
You must notify your employer so that the company has the opportunity to “investigate” your complaint and to potentially correct whatever hostility or injustice may be occurring you have described to them in your formal letter. This letter should be sent in a ‘provable’ fashion such as by certified mail, return receipt requested, with an overnight courier such as FedEx or through your company’s intranet email system, if a “read” status report may be generated and printed to prove that your complaint was received by management or Human Resources.
If your employer in fact properly investigates your allegations and implements true “corrective action” to resolve your troubles, you will not be able to articulate a “case” of discrimination or “disparate treatment,” as the company has arguably “fixed” your problem once they became of aware of your grievance and did something about it; for instance, by firing the perpetrator of the sexual harassment the company has resolved your troubles. If your employer does not properly and swiftly investigate your complaint, or if they treat you even worse because of the complaint, such as by threatening, demoting, or firing you shortly after you file your written complaint, you will then be able to argue that the company retaliated against you for your civil rights complaint, which is illegal.
Quite often, retaliation complaints are far stronger than the original, underlying complaint for discrimination. For example, you may never be able to “prove” that Joe is sexually harassing you at work as there may be no witnesses to it and he will deny everything that you say, but if you formally complain in writing to the company about his unwelcome advances and Joe continues his predatory ways, or the company blames you for the problem, you can demonstrate that the hostility or “adverse employment actions” occured on the heels of the complaint and because of the complaint that you just filed. This is what we mean by empowerment here at Tuckner, Sipser. Assuming that your company is not inclined to see eye to eye with you regarding your allegations, and the differences between you and your employer are becoming so irreconcilable that you realize your epitaph is being chiseled by management, this ‘paper trail’ is often sufficient to pave the way for a negotiated severance agreement that will allow you to depart the company with dignity and your head held high.
Quitting, then, is like “throwing out the baby with the bath water,” and will substantially limit your chances to successfully prosecute and/or settle your claim as your “damages” will be severely limited by your resignation. In addition, if you quit, you will probably not be entitled to collect unemployment benefits as your employer will say that you have “abandoned” your job.
If you are experiencing hostility or differential treatment at work, contact a qualified Plaintiff’s employment lawyer for individualized advice and strategic planning before you quit or are placed on probation, or demoted or fired.”
This teleclass was professionally presented and generously sponsored by Tuckner, Sipser, Weinstock & Sipser, LLP, Women’s Rights in the Workplace
Jack Tuckner is the co-founding partner of Tuckner, Sipser, Weinstock & Sipser, LLP, a New York City Women’s Rights in the Workplace law firm representing employees facing workplace inequality and discrimination. Tuckner concentrates his specialized practice on sex and gender cases including pregnancy discrimination, sexual harassment, gender pay disparity, and sexual orientation discrimination
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The views and opinions expressed on this blog are purely the blog contributor’s. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. Writers may have conflicts of interest, and their opinions are their own.
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