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Pregnancy Discrimination

Charleston, WV Pregnancy Discrimination Lawyer

Assisting Working Mothers in Morgantown, Clarksburg and Parkersburg

Women should never be discriminated against or retaliated against by their employers for becoming pregnant. Working mothers are a vital part of our workforce. Over 71% of women in the workforce have a child under the age of 18, according to the U.S. Bureau of Labor Statistics. Unfortunately, many employers leave women feeling guilty for choosing to have a family. 

The doctor’s visits, potential complications, bodily changes, and pain during pregnancy are stressful enough. Feeling like your employer has placed a target on your back because you are pregnant only adds to the stress. Pregnancy is a time in a woman’s life that should be celebrated, not viewed as a liability by their employer.

Contact Bailess Law Firm today at (304) 841-0037 or contact us online to schedule a consultation with our pregnancy discrimination attorney in Charleston.

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Signs of Pregnancy Discrimination and Retaliation

Pregnancy discrimination can occur before, during, or after your pregnancy. A major sign of pregnancy discrimination or retaliation is the feeling of being treated differently after your employer learns of your pregnancy, or after you request time off for medical complications related to the pregnancy such as being high risk. Our pregnancy discrimination lawyer in Charleston can help you hold employers accountable for their actions. 

Some forms of pregnancy discrimination and retaliation may include:

  • Denying time off;
  • Denying you of the same job after returning from pregnancy leave;
  • Job elimination;
  • Discharge;
  • Workplace harassment;
  • Refusal to hire;
  • Not allowing time to breast feed;
  • Reducing pay

Protections Against Pregnancy Discrimination

You have rights and protections against employers who engage in pregnancy discrimination. These safeguards include:

  • The West Virginia Human Rights Act, W. Va. Code § 5-11-1, et seq.
  • The West Virginia Pregnancy Fairness Act, W. Va. Code § 5-11-B-2
  • The Pregnancy Discrimination Act
  • Title VII of the Civil Rights Act of 1964

These laws forbid pregnancy discrimination and require employers to make accommodations for women who need time off due to pregnancy related medical complications. These protections are designed to allow women to earn an income without fear of discrimination or retaliation for becoming pregnant. 

What Proof Do I Need in a Pregnancy Discrimination Case?

Navigating a pregnancy discrimination case demands thorough understanding and meticulous documentation. To establish a strong case, gathering evidence substantiating the discrimination you have faced is crucial. Here are key elements to consider:

  • Documented Incidents: Keep a detailed record of any discriminatory actions, comments, or behaviors you experience during your pregnancy. This can include derogatory remarks, biased decisions, or any unfavorable changes in your work conditions.
  • Timeline of Events: Create a timeline that outlines the events leading up to and following the discriminatory actions. This will help establish a clear connection between your pregnancy and the adverse treatment.
  • Witness Testimonies: If there were witnesses to the discriminatory incidents, their testimonies could significantly strengthen your case. Colleagues, supervisors, or anyone who observed the discriminatory behavior can provide valuable insights.
  • Performance Records: Maintain a record of your performance evaluations, promotions, or any positive feedback received before the discrimination occurred. This can be instrumental in highlighting the contrast between your professional achievements and the discriminatory treatment.
  • Correspondence: Save any emails, text messages, or written communication that may indicate discriminatory behavior. This includes messages from supervisors, HR personnel, or colleagues that reflect your mistreatment.
  • Medical Documentation: If the discrimination has adversely affected your health or pregnancy, secure medical records supporting your claims. These records can link the discriminatory actions to specific health issues, strengthening the causation argument.

Available Damages for Pregnancy Discrimination Cases

Employers who engage in pregnancy discrimination or retaliation may be on the hook for damages such as your lost wages, emotional distress, aggravation, and loss of dignity. In some instances, job reinstatement may be an option. Employers may also face punitive damages which are designed to punish and deter further acts of pregnancy discrimination and retaliation.

How a Pregnancy Discrimination Attorney Can Help?

Engaging the services of a seasoned pregnancy discrimination attorney is paramount in ensuring that your rights are protected and justice is served. Here's how our legal team at Bailess Law Firm can be your unwavering support:

  • Legal Expertise: We specialize in employment law, with a focus on pregnancy discrimination cases. We bring a wealth of legal knowledge and expertise to navigate the complexities of these cases.
  • Case Assessment: We thoroughly assess your case to determine its strengths and weaknesses. This involves a detailed review of the evidence, witness testimonies, and applicable laws to formulate a strategic approach.
  • Negotiation Skills: We are adept negotiators who engage with opposing parties to secure favorable settlements. We strive to resolve cases efficiently, minimizing the emotional and financial toll on our clients.
  • Litigation Representation: If a fair settlement cannot be reached through negotiation, we are prepared to zealously represent you in court. We are experienced in presenting compelling arguments and advocating for our clients' rights.
  • Comprehensive Guidance: Throughout the legal process, our attorneys provide comprehensive guidance, keeping you informed about the progress of your case. We prioritize open communication to ensure you are empowered with the knowledge needed to make informed decisions.

Contact Our Pregnancy Discrimination Attorney in Charleston Today

At Bailess Law Firm, your team has zero tolerance for discrimination or retaliation against women in the workplace. Our team is committed to preventing pregnancy discrimination and retaliation. We strive to hold employers accountable who engage in such unlawful acts. 

If you have experienced pregnancy discrimination or just would like more information, call our Charleston pregnancy discrimination lawyer for a free consultation at (304) 841-0037 or complete our contact form. We will listen to you without judgment.

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