Pregnancy is a significant and exciting chapter in life, but for many West Virginia employees, it can bring an unexpected and unwelcome challenge: workplace discrimination based on outdated stereotypes. You should be focused on your health and future, not battling unfair assumptions about your commitment or capabilities. This blog is for you—to acknowledge the reality of these struggles and to empower you with knowledge about your rights.
The Problem with Assumptions
Far too often, employers and colleagues operate under harmful and discriminatory stereotypes when they learn an employee is pregnant. Below are common assumptions pregnant employees face in the workplace:
- They are less committed to their job.
- They are unable to perform their regular duties.
- They will frequently miss work or require excessive accommodations.
- They are a "risky" investment for promotion or training.
- They will inevitably quit after childbirth.
These assumptions can lead to concrete, negative consequences, such as being passed over for a promotion, being excluded from key projects, or even demotion or termination. This is not just unfair; in many cases, it is illegal.
Know Your Rights in West Virginia
As a pregnant employee in West Virginia, you are protected by both federal and state laws.
Federal Protections: The Pregnancy Discrimination Act (PDA) is a critical federal law. It prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This means:
- You must be treated the same as other employees with similar abilities or inabilities.
- You cannot be forced to take leave if you are capable of working.
- If you need a reasonable accommodation (like a modified desk setup or lighter duties) because of your pregnancy, your employer must provide it if they provide similar accommodations to non-pregnant employees with temporary disabilities.
State Protections: West Virginia law also reinforces these protections, often covering smaller employers that federal law may not. The West Virginia Human Rights Act (WVHRA) prohibits discrimination in employment based on sex, which includes pregnancy and related conditions. The WVHRA can provide strong remedies for those who have experienced discrimination.
Addressing Unfair Treatment
If you are experiencing negative treatment because of your pregnancy, there are steps you can take:
- Document Everything: Keep a detailed record of any discriminatory comments, missed opportunities, or changes in your job duties. Note the date, time, who was involved, and what was said.
- Request Accommodations in Writing: If you need an accommodation, submit a formal, written request to HR or your manager, preferably with a doctor's note supporting the need.
- Know When to Seek Help: If your employer refuses reasonable accommodations, retaliates against you, or terminates your employment, it may be time to consult an attorney who specializes in employment discrimination.
Empowerment Through Action
You have the right to a healthy pregnancy and a rewarding career. No one should have to choose between their family and their profession because of unlawful discrimination.
If you believe you have faced unlawful pregnancy discrimination in your West Virginia workplace, you do not have to fight this battle alone. Our dedicated legal team at Bailess Law Firm PLLC is ready to review your case, explain your legal options, and stand up for your rights. Don't let stereotypes dictate your career.
Contact us today at (304) 841-0037 to schedule a confidential consultation.