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Pregnancy Discrimination Attorneys in Minneapolis
Fighting For Those Who Are Experiencing Discrimination Based on Their Pregnancy in Minnesota
Our highly respected and nationally recognized attorneys at Nichols Kaster, PLLP have a track record of defending the rights of pregnant employees in the workplace. Although federal and state law prohibits employers from discriminating against employees because of pregnancy, childbirth, or related medical conditions, many employees continue to face mistreatment when their employer finds out they are pregnant or plan to start a family.
Call Nichols Kaster, PLLP today at (877) 344-4628 or contact us online to schedule a consultation with our Minneapolis pregnancy discrimination attorney.
Understanding Pregnancy Discrimination
Federal law prohibits employers from discriminating against employees because of pregnancy, childbirth, or related medical conditions. Minnesota and many other states have their own laws protecting employees from pregnancy discrimination.
Employers must treat pregnant employees the same as employees with temporary disabilities, as long as pregnancy does not interfere with the performance of the employees’ major job functions. Employers must also provide pregnant employees with the same benefits that they provide to temporarily disabled employees, including time off and reasonable help with performing their job duties.
Employers may make employment decisions based on pregnancy if it is reasonably necessary for normal business operations. For example, a theater may prohibit pregnant stagehands from doing heavy lifting that exceeds the maximum weight allowed by their doctors. However, employers may not use business practices as a mere pretext to mask illegal pregnancy discrimination.
Pregnant employees also have a right to unpaid leave under the Family and Medical Leave Act (FMLA) to care for newborn children and a right to have the same or a similar job when they return to work.
Common Examples of Pregnancy Discrimination
The following are common examples of employer conduct that can be grounds for a pregnancy discrimination lawsuit:
- Transferring, demoting, harassing, or firing an employee because they are pregnant, about to take maternity leave, or just returned from maternity leave.
- Denying pregnant employees the same health insurance coverage and other benefits that are available to employees who are not pregnant.
- Forcing pregnant employees to perform tasks that their co-workers with temporary disabilities do not have to do.
- Refusing to allow a pregnant employee who took time off for pregnancy-related issues to return to work until after the birth of their child.
- Preventing a pregnant employee from returning to work for a fixed period after childbirth.
- Asking potential employees during the interview process if they are pregnant or whether they plan to have children.
- Paying an employee a lower wage or denying bonuses or commissions because they are pregnant or plan to become pregnant.
- Refusing to allow pregnant employees to take leaves for medical check-ups.
What Are My Rights in the Workplace as a Nursing Mother?
Employers are required to accommodate the needs of nursing employees by making reasonable efforts to provide time and access to adequate facilities for expressing breast milk (pumping). Your employer must provide you with reasonable break time and a private room or space that is shielded from view and free from intrusion from coworkers and the public. Additionally, you cannot be harassed by your employer or coworkers because you are pumping or breastfeeding.
Resources & Support for Pregnant Employees in Minneapolis
In Minneapolis, several local resources provide support and advocacy for pregnant employees facing discrimination. Non-profit organizations, such as Gender Justice and The Minnesota Women's Consortium, offer services and community workshops focusing on legal rights and workplace equality. The Minnesota Department of Human Rights is also a valuable resource, offering guidance and a platform to file complaints for discriminatory practices that violate state laws.
Employers in Minnesota are encouraged to develop comprehensive anti-discrimination policies and regularly train staff to ensure a supportive work environment. Such measures can be instrumental in preventing discrimination and promoting a culture of respect and inclusion. Pregnant employees should feel empowered to utilize these resources to protect and uphold their workplace rights.
What Proof Do I Need in a Pregnancy Discrimination Case?
Proving pregnancy discrimination requires demonstrating that your employer treated you unfairly because of your pregnancy, childbirth, or related medical condition. This often involves collecting evidence like:
- Employment Records: Documents like performance reviews, disciplinary actions, or changes in job responsibilities can be critical. If your employer’s actions changed especially after they learned of your pregnancy, these records may help establish a pattern of discrimination.
- Written Communications: Emails, text messages, or written notices that reveal discriminatory attitudes or decisions can serve as key evidence. Save any communication that mentions your pregnancy or related issues.
- Witness Statements: Coworkers or supervisors who observed discriminatory actions or comments can provide valuable testimony. Witness statements can corroborate your claims and demonstrate a broader workplace culture of bias.
- Company Policies: Review your employer’s policies on accommodations, leave, and discrimination. If they failed to follow their own guidelines or treated you differently than other employees with medical needs, this could strengthen your case.
- Timing of Adverse Actions: The timing of an adverse employment action—such as termination or demotion—can be critical. If negative actions occurred soon after you disclosed your pregnancy, this may indicate a discriminatory motive.
- Medical Records: If your claim involves a failure to accommodate medical needs related to your pregnancy, documentation from your healthcare provider can be essential.
Contact Our Pregnancy Discrimination Attorney in Minneapolis Today
If you have been fired, demoted, or are being treated differently because you are pregnant, have a medical condition related to pregnancy, recently gave birth to a child, or need to pump during the workday, please get in touch with our accomplished legal professionals so we can assist with your case and help you take action to hold your employer accountable for pregnancy discrimination.
Contact us today at (877) 344-4628 today for free consultation to get started with our pregnancy discrimination lawyer in Minneapolis.
Frequently Asked Questions About Pregnancy Discrimination
Are There Time Limits for Filing a Pregnancy Discrimination Complaint in Minnesota?
Yes, there are specific time constraints for filing complaints. Under Minnesota state law, a discrimination complaint must generally be filed with the Minnesota Department of Human Rights within one year of the alleged discriminatory act. For claims under federal law, employees typically have 180 days to file with the Equal Employment Opportunity Commission (EEOC). It's essential to act promptly to preserve your legal rights.
Can Employers Justify Discrimination in Business Operations?
While employers can impose work restrictions for legitimate business needs, they must not use these practices as a facade for discriminatory motives. Any job restriction placed on pregnant employees should align with existing company policies and demonstrate consistency with how other non-pregnant workers with similar limitations are treated. Legal advice should be sought if discriminatory practices are suspected.
What Compensation Can I Seek in a Pregnancy Discrimination Claim?
The compensation available varies depending on the circumstances of the discrimination. Employees may be entitled to recover damages for lost wages, emotional distress, and, in some cases, punitive damages. Seeking the guidance of a pregnancy discrimination attorney can help clarify these entitlements and facilitate a suitable course of action in pursuing compensation.
Can I Be Fired for Taking Pregnancy Leave?
No, it is unlawful for employers to terminate an employee for taking pregnancy or maternity leave. Under both the Family and Medical Leave Act (FMLA) and state laws, eligible employees can take leave without fear of losing their jobs. Employers must restore the employee to the same or a comparable position upon returning from leave.
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