Philadelphia Pregnancy Discrimination Lawyer
Pregnancy should not put your job at risk. Federal and Pennsylvania law, as well as a Philadelphia ordinance, protect employees when employers treat them differently because of pregnancy, childbirth, or related medical conditions. When employers base decisions on these factors, whether in hiring, job assignments, leave, or termination, those decisions can have immediate and long-term consequences. At Goldshaw Greenblatt Pierce LLC, we represent employees in Philadelphia who have experienced pregnancy discrimination and help them pursue accountability under the law.
Pregnancy discrimination is not always obvious. It may appear through subtle changes in how an employer treats an employee, including reduced responsibilities, exclusion from opportunities, or increased scrutiny. In other cases, the employer’s actions have a more direct impact, such as denying accommodations, refusing leave, pressuring an employee to take leave before medically necessary, or terminating employment after disclosure of a pregnancy. Identifying whether these actions violate the law requires careful evaluation of both the facts and the applicable legal standards.
If you believe your employer has treated you unfairly because of pregnancy or a related condition, it is important to assess your situation promptly and preserve relevant information.
Pregnancy Discrimination Law in Philadelphia
Pregnancy discrimination is prohibited under a cross-section of federal laws. The most commonly known is the Pregnancy Discrimination Act (PDA), which was added in 1978 as an amendment to Title VII of the Civil Rights Act of 1964. The PDA requires employers to treat employees affected by pregnancy or related conditions the same as other employees who are similar in their ability or inability to work. It prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, pregnant employees are legally entitled to the same treatment and benefits as non-pregnant workers who are similar in their ability or inability to work. Key protections cover hiring and firing, equal benefits and pay, working conditions, and medical leave. For example, employers who offer disability leave must cover pregnancy-related conditions on the same terms as other disabilities not tied to pregnancy. Several courts, including the U.S. Circuit Court of Appeals for the Third Circuit, which handles appeals from federal district courts in Pennsylvania, have also held that the PDA prohibits discrimination against an employee for having or contemplating an abortion (Doe v. C.A.R.S. Protection Plus, 527 F.3d 358 (3d Cir. 2008)).
In addition to the protections enshrined in Title VII, the Americans with Disabilities Act may apply in certain situations where pregnancy-related conditions qualify as disabilities requiring reasonable accommodation.
The recently enacted Pregnant Workers Fairness Act of 2023 requires a covered employer to provide reasonable accommodations for pregnancy or childbirth-related medical conditions, unless doing so would cause the employer undue hardship. This Act expands the scope of protections to pregnant workers considerably. Unlike the Americans with Disabilities Act, a worker does not need to show that they suffer from a qualified disability to be protected under the Pregnant Workers Fairness Act. And, unlike the PDA, the pregnant worker no longer has to show that the employer accommodates other non-pregnant workers who are similar in their ability or inability to work.
The Providing Urgent Maternal Protections (“PUMP”) for Nursing Mothers Act of 2022, incorporated into the Fair Labor Standards Act, requires covered employers to provide reasonable break times for an employee to express breast milk for their nursing child for one year after this child’s birth and to provide the employee a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
Meanwhile, the Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve weeks of unpaid, job-protected leave per year for childbirth as well as a serious health condition of the employee, spouse, child or parent. The ADA prohibits discrimination against qualified individuals with disabilities in employment, while the FMLA makes it unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise, any right” provided under the Act.
Pennsylvania law provides its own protections through the Pennsylvania Human Relations Act (PHRA), which prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Like the PDA, the PHRA mandates that pregnant individuals receive the same employment treatment, benefits, and accommodations as other disabled employees. Notably, the PHRA applies to employers with four or more employees, in contrast to the PDA, which covers only employers with 15 or more employees. Employers covered under the PHRA are required to apply policies consistently and may be obligated to provide reasonable accommodations depending on the circumstances.
Ahead of the curve with more recent developments in federal law, the Philadelphia Fair Practices Ordinance, which applies to virtually all employers—including any employer with one or more employees working in Philadelphia—mirrors many of the key provisions of the Pregnant Workers Fairness Act and the PUMP Act, providing robust protections to Philadelphia’s pregnant or lactating workers going back to 2014.
Understanding how these laws interact and which employers are covered is essential in evaluating whether a claim exists.
How Pregnancy Discrimination Often Appears in the Workplace
Pregnancy discrimination can take many forms, and it often develops through patterns rather than isolated incidents. Employees may notice changes in how their employer treats them after they disclose a pregnancy. Employers may reduce or reassign job responsibilities, sometimes because they assume the employee cannot perform certain tasks.
In some cases, employers deny employees promotions or opportunities that were previously available. Performance evaluations may shift without clear justification, or employers may change expectations in ways that create additional pressure. Employers may also question an employee’s commitment or availability based on assumptions about pregnancy or future caregiving responsibilities.
More direct forms of discrimination can include refusing accommodations, denying leave, pressuring an employee to take leave before medically necessary, or terminating employment after disclosure of a pregnancy. Employers might try to justify these actions as nondiscriminatory business decisions, but those explanations must be evaluated in light of the timing and surrounding circumstances.
Each of these situations requires careful analysis to determine whether the employer’s actions comply with the law.
Why Pregnancy Discrimination Cases Require Careful Analysis
Pregnancy discrimination cases often involve overlapping legal issues, including discrimination, leave rights, and accommodations. Determining whether an employer acted lawfully requires a detailed analysis of whether and to what degree the various laws apply, given the specific facts.
One of the key issues is whether the employer’s purported reason for taking an adverse employment action is pretextual. Employers may assert that they based their decisions on performance, business needs, or a restructuring or lay-off. Evaluating these explanations requires a close review of the evidence, including prior performance evaluations, communications, and the timing of events.
Documentation plays a central role in these cases. Emails, performance records, and communications regarding leave or accommodations can all provide insight into how employers made decisions. Preserving this information is essential in evaluating a potential claim.
How Goldshaw Greenblatt Pierce LLC Handles Pregnancy Discrimination Claims in Philadelphia
At Goldshaw Greenblatt Pierce LLC, we represent Philadelphia employees in pregnancy discrimination matters with expertise in all the many laws that can come into play, and with deep knowledge of the administrative bodies that handle claims brought under each such law, the remedies available, and the practical consequences of bringing claims in the different forums available.
We begin by reviewing the details of your employment, including employer size, your job duties, job location, performance history, and any communications related to your pregnancy. We analyze how your treatment changed over time and whether those changes align with the employer’s stated reasons.
We also evaluate whether the employer provided appropriate accommodations and applied its policies consistently. Where appropriate, we compare your experience to that of other employees in similar roles to identify disparities in treatment.
Preserving evidence is an important part of our approach. We take steps to ensure that relevant documentation is identified and maintained, allowing for a thorough evaluation of the claim.
We tailor our representation to each case, whether the matter resolves through negotiation, administrative proceedings, or litigation.
What Is at Stake in a Pregnancy Discrimination Case
Unfortunately, to this day, pregnancy discrimination can have significant professional and financial consequences, sometimes derailing the birthing parents’ careers permanently. Employees do not just lose immediate income and opportunities for advancement; some experience long-term impacts on their careers.
In successful cases, employees may recover lost wages, future earnings, emotional distress and other damages depending on the circumstances. Legal action may also lead employers to change workplace practices or provide other remedies that address the underlying issue.
Frequently Asked Questions
What qualifies as pregnancy discrimination?
Pregnancy discrimination occurs when an employee is treated differently because of pregnancy, childbirth, or related medical conditions.
Do employers have to provide accommodations for pregnancy?
In many cases, yes. Employers may be required to provide reasonable accommodations depending on the circumstances.
Can I be terminated while pregnant?
An employer cannot terminate an employee because of pregnancy but may take action for legitimate non-discriminatory reasons unrelated to pregnancy.
What if my employer denies my request for leave?
Leave may be protected under certain laws. Evaluating your eligibility is important in determining whether a denial is lawful.
How long do I have to bring a claim?
Deadlines vary depending on the type of claim and the agency involved. Depending on the circumstances, you may have 180 or 300 days to file an administrative charge. After receiving a Right to Sue letter, you may have 90 days to file a lawsuit in federal court or two years to file in Pennsylvania state court. Acting promptly helps preserve your rights, strengthen your case, and move your claim forward. Whether and which statutes of limitations apply to your case requires individualized review from an attorney to confirm.
Speak With a Philadelphia Pregnancy Discrimination Lawyer
If you believe you have been treated unfairly because of pregnancy or a related condition, Goldshaw Greenblatt Pierce LLC can help you evaluate your situation and determine the most effective path forward. We represent employees in Philadelphia facing complex workplace issues and provide clear, strategic guidance at every stage of the process.
Contact Goldshaw Greenblatt Pierce LLC today to discuss your case and take the next step forward.
