When preparing to welcome a child, your focus should be on your family, not on struggling to maintain your job. Unfortunately, many expectant and new parents in West Virginia encounter unlawful discrimination and obstacles at work simply for standing up for their rights, but the law protects them. If this is your case, here are some things you can do about it.
What is pregnancy discrimination in West Virginia?
This occurs when an employer treats a worker differently or less favorably because of pregnancy, childbirth, or related medical conditions which might include morning sickness or lactation. Some examples might include:
- Firing or demotion: Ending employment or lowering pay/status following a pregnancy announcement.
- Unequal treatment: Withholding promotions or benefits given to other workers with temporary disabilities.
- Forced leave: Insisting on leave when you can keep working with minor adjustments.
All of these behaviors are illegal.
Do I have rights as a pregnant worker?
Absolutely. Both the federal Pregnant Workers Fairness Act and the state’s own WV Pregnant Workers’ Fairness Act require covered employers to provide reasonable accommodations for known limitations related to pregnancy or childbirth, unless it causes undue hardship.
Common requests for adjustments:
- Increased or extended breaks for resting, eating, or bathroom use.
- Permission to sit or use a stool during tasks typically requiring standing.
- Temporary reassignment or lighter duties, such as eliminating heavy lifting tasks.
- Flexible scheduling to accommodate prenatal appointments.
There are more accommodations you can request but they will depend on your particular situation.
Do I have return-to-work rights?
If your case is eligible under the Family and Medical Leave Act (FMLA), you have the right to take up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn. Upon returning, you must be reinstated to your original job or a similar role.
What should I do if I suspect I’m being discriminated?
Discrimination can have subtle signs, such as unexpectedly receiving a poor performance evaluation, being left out of meetings, or experiencing a reduction in work hours after providing a doctor’s note. It’s important to take swift action to safeguard your claim.
The easiest way to do so is to keep a detailed, private record of all discriminatory actions, comments, and the exact dates you reported your pregnancy or requested an accommodation. Do not forget to save all emails and texts that allude to the situation.
Do I have a deadline to file charges?
Yes. You have a specific time frame to lodge a formal complaint:
- WV Human Rights Commission (WVHRC): You must file within 365 days of the discriminatory event.
- Equal Employment Opportunity Commission (EEOC): You have 300 days to submit a federal complaint with the EEOC, thanks to the work-sharing agreement.
Acting swiftly and documenting everything will be useful if you decide to file charges.
Ask for legal assistance
Workplace discrimination due to pregnancy not only can affect your wellbeing but it also can wreak havoc on your income. Consulting an experienced lawyer will give you options to file complaints and defend your rights.