Charleston Pregnancy Discrimination Attorney
Fighting For Those Who Are Facing Discrimination Based on Their Pregnancy in Clarksburg, Fairmont, Morgantown, or West Virginia
Unfair treatment in the workplace can involve many types of unlawful discriminatory actions against employees. If you have been a victim of pregnancy discrimination, your legal rights have been violated. Taking legal action can help not only you, but others who may potentially run into the same situation where you work. At Rod Smith Law PLLC, we strongly believe in holding employers accountable for violating the rights of employees.
Our employment lawyers bring more than 25 years of combined legal experience to each case and proudly serve clients throughout Charleston, Morgantown, and West Virginia. We are prepared to fight for you. If the employer or insurance company is not willing to pay you what you deserve, we will be ready to fight for you in court.
Talk to our Charleston pregnancy discrimination lawyer at (304) 406-7076 or contact us online.
Understanding West Virginia Pregnancy Discrimination Laws
The state of West Virginia protects pregnant women in the workplace under the West Virginia Human Rights Act, Pregnant Workers Fairness Act, and West Virginia common law. These laws make discrimination and harassment against women affected by pregnancy, childbirth, and related medical conditions unlawful by employers. The law applies to both job applicants and employees.
Under the Pregnant Workers Fairness Act, employers are subject to the following:
- They must provide reasonable accommodations for the limitations that pregnancy and childbirth may bring unless such accommodations would cause undue hardship on the company.
- They cannot deny employment opportunities due to refusing to make such accommodations.
- They cannot make the employee take a leave of absence if another accommodation can be provided.
- They cannot force the employee to accept an unreasonable accommodation.
- They cannot retaliate against an employee who makes a complaint or takes legal action regarding their pregnancy discrimination.
Common Examples Of Pregnancy Discrimination In Workplaces
Understanding what pregnancy discrimination looks like day to day can help you decide whether what you are experiencing crosses the line. Discrimination is not always an outright statement that someone is being treated differently because she is pregnant. Often, it shows up as changes in scheduling, discipline, or job duties that only seem to apply once a pregnancy is known.
Common scenarios include:
- Job or schedule changes that reduce hours, cut pay, or move a worker to a less favorable shift after she shares pregnancy news.
- Denial of reasonable accommodations such as lifting restrictions, additional breaks, or temporary schedule flexibility that would not be an undue burden on the employer.
- Pressure to take leave earlier than medically necessary, or being told there is no job to return to after maternity leave.
- Harassing comments about pregnancy, childbirth, or parenting that create a hostile work environment.
- Retaliation for speaking up after requesting accommodations or reporting discriminatory behavior to human resources.
Frequently Asked Questions
Can My Employer Fire Me Because I Am Pregnant?
An employer generally cannot lawfully fire an employee because she is pregnant, planning to become pregnant, or has a pregnancy-related medical condition. Termination decisions should be based on legitimate business reasons that are applied consistently to all employees. If the timing of your termination closely follows your pregnancy announcement or a request for accommodation, that may be a red flag. It can be helpful to gather documents and notes about what happened and speak with an attorney about the details.
Do I Have To Tell My Employer I Am Pregnant?
There is usually no specific legal deadline for when an employee must tell an employer about a pregnancy, but notice is often needed if you want to request time off or reasonable accommodations. Many workers choose to wait until after the first trimester or until a medical provider gives guidance about any work restrictions. When you do share the news, it can be useful to keep a written record of the date and how your supervisor or human resources representative responded.
What Should I Do If I Think I Am Facing Pregnancy Discrimination?
If you think you are facing pregnancy discrimination, start by writing down what is happening, including dates, names, and specific comments or actions. You may want to review your employer’s policies and consider raising concerns through internal channels such as human resources or a complaint hotline. Acting promptly can be important because there are often time limits for filing charges with agencies that enforce anti-discrimination laws. Speaking with a lawyer who handles these cases can help you understand how those deadlines apply to your situation and what next steps may make sense.
Contact Our Pregnancy Discrimination Lawyer in Charleston Today
Once you consult with an employment law attorney at Rod Smith Law PLLC, we can fully investigate your situation to determine the facts and begin building your claim. Depending on your case, you may be eligible to recover compensation for back pay or lost wages, emotional distress, and legal fees. With our team on your side, you can trust that your case will be managed by a team that truly cares about bringing you justice.
You deserve to be treated fairly. Contact us at (304) 406-7076 to get started with our Charleston pregnancy discrimination attorney.
