Silver Spring, MD Pregnancy Discrimination Attorneys

Experienced Attorneys Handling Pregnancy Discrimination Complaints in Silver Spring, Maryland

Working while pregnant can be difficult. Discrimination in the workplace can make things even more stressful, burdening expectant mothers with added hardship. If you have been discriminated against at your workplace due to your pregnancy, you should seek out legal representation as soon as possible. A Silver Spring employment law attorney can look out for your best interests and assist you in filing a complaint to obtain a remedy.

At Melehy & Associates LLC, we can advocate for your rights as a pregnant employee. Our team of lawyers has decades of shared experience, and we have the resources and skills to help you take swift legal action against discrimination at your place of employment.

How Are Pregnant Employees Discriminated Against?

Pregnant workers may face increased scrutiny from supervisors and employers. This may lead to your employer making assumptions about the work you can or cannot do, possibly leading to fewer hours, denial of promotions or termination. Some employers may even refuse to hire you if you are pregnant, no matter how qualified you are for the role.

Of course, not many employers will admit outright to treating you differently due to your pregnancy. They may offer brief explanations for certain actions to avoid allegations of discrimination. If you have been discriminated against by your employer for your pregnancy, you should make note of these incidents in writing, whether it was a single occurrence or a recurrent pattern of behavior. Being able to cite these incidents later on, and your employer's attempts (or lack thereof) to rectify them may serve as important proof for your complaint.

Laws Against Pregnancy Discrimination

There are multiple laws in place at the state and federal levels that are intended to protect pregnant employees from unfair treatment. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate against pregnant employees in regard to compensation, benefits, or other terms and conditions.

The Pregnant Workers Fairness Act went into effect in 2024, requiring certain covered employers to provide pregnant employees with reasonable accommodations as long as they do not cause undue hardship to the employer. Under state law, a pregnant employee can request a number of different accommodations, such as relocation, modified hours, changed duties, and leave.

According to Maryland law, an employer may not discriminate against a pregnant employee in decisions about discipline. Moreover, an employer cannot pay a pregnant employee less than other employees for equal work, nor can an employer deny benefits to an employee simply because they are pregnant. Complaints about pregnancy discrimination under Maryland law and must first be filed in the Maryland Commission on Civil Rights ("MCCR"). You have 300 days from the incident to file a complaint with MCCR.

FMLA Unpaid Leave

The Family and Medical Leave Act gives eligible employees of covered employers the right to take unpaid leave for various medical reasons, including pregnancy. You can also request FMLA to take care of your newborn child within one year of birth. To qualify for FMLA, the employer must employ 50 or more employees within a 75-mile radius of your workplace. Also, you must have worked 1,250 hours in the last 12 months before you request unpaid leave. When you return from your period of unpaid leave, you must be reinstated in roughly the same role with equivalent pay and benefits.

If your employer unjustly denied you FMLA or retaliated against you for requesting leave, be sure to get in contact with an attorney as soon as possible. You might only have a limited window of time to take legal action, so it is imperative that you follow the right steps to file a complaint.

Meet With a Silver Spring, Maryland Pregnancy Discrimination Attorney

You have rights as a pregnant employee. At Melehy & Associates LLC, our Silver Spring workplace discrimination attorneys can help you exercise those rights. To set up a free case evaluation today, contact us online or call our offices at 301-587-6364.