Pregnancy discrimination happens when an employer treats an employee unfairly because she is pregnant or has pregnancy-related medical issues. In both Indiana and federal law, employees are protected from this kind of discrimination. However, proving pregnancy discrimination can be tough. Knowing the law and how to collect evidence can help employees who think they’ve been treated unfairly because of their pregnancy.
What is pregnancy discrimination?
Under the Pregnancy Discrimination Act (PDA) and the Indiana Civil Rights Law, employers cannot treat employees differently because they are pregnant, giving birth, or dealing with related medical conditions. Employers must treat pregnant employees the same as other employees with temporary health problems. They also need to offer reasonable help, like adjusting work duties, just as they would for other health issues.
Evidence needed to prove pregnancy discrimination
To prove pregnancy discrimination, an employee must show that the employer took unfair action because of the pregnancy. Some examples of evidence include:
- Timing: If an employee gets fired or demoted right after the employer finds out about the pregnancy, it may show discrimination.
- Different treatment: If other employees who aren’t pregnant get better treatment, like more accommodations, it can back up the claim.
- Comments or actions: If the employer or coworkers say or do things that show a negative attitude about pregnancy, it can be used as proof.
Denied help is another example to look for. If the employee asks for help, like lighter work, and the employer says no, it can strengthen the case for discrimination.
What to do if discrimination happens
Employees in Indiana can file a complaint with the Indiana Civil Rights Commission or the Equal Employment Opportunity Commission (EEOC). These agencies will look into the situation and decide if more action is needed. If the issue isn’t fixed, employees can choose to file a lawsuit.
Proving pregnancy discrimination takes clear evidence showing that the employer’s actions were because of the pregnancy. Employees should keep track of everything and get support to protect their rights at work.