Pregnancy Discrimination ?

"Surprisingly, I have seen a significant uptick in the number of pregnancy discrimination cases in my office in the past 5 years.

Sometimes senior level managers and executives, male and female, harbor stereotypical beliefs that a woman cannot be a great employee while pregnant.

These stereotypical beliefs have cost a lot of companies a lot of money.”
John Davis

 

Pregnancy shouldn’t cause workplace complications.

Massachusetts companies cannot penalize women based upon their pregnancy or use of maternity leave .

Davis & Davis, P.C., has represented pregnant women in a variety of employment cases, and represents employers faced with pregnancy discrimination claims in Massachusetts.

Pregnant women in Massachusetts have certain rights under state and federal statutes that prohibit sex and disability discrimination in the workplace. Pregnant women in Massachusetts also have the right to a leave of absence from work for pregnancy-related medical care and childbirth.

A Massachusetts employer generally may be liable if it uses a woman's pregnancy, childbirth or potential or actual use of maternity leave as a reason for any adverse job action. See School Comm. of Braintree v. MCAD, 377 Mass. 424, 427 (1979).

The situations in which a pregnant woman, or a woman planning a pregnancy, may experience discrimination are numerous, but generally fall within three classifications: (1) disparate treatment; (2) disparate impact; and (3) discriminatory policy implementation. Disparate treatment claims require the plaintiff to prove that the employer intended to discriminate against the employee on the basis of pregnancy. Disparate impact claims require the plaintiff to prove that, while an employer's practices are facially neutral, they have a disproportionate effect on a protected class. Claims based on a discriminatory policy, such as a "fetal protection policy" in a hazardous industry, allege that the policy in question is discriminatory on its face. Such a policy can only be upheld if it is a bonna fide occupational qualification.

Davis & Davis, is always ready to consult with employees facing a discriminatory situation at work, or with employers concerned about the possibility of pregnancy discrimination litigation.

If you are interested in becoming a D&D client, please contact us through our website or call our telephone number (617) 338-5770 to schedule a consultation with a member of the D&D legal team.

Clients have said:

"Mr. Davis was excellent in answering any questions or concerns that came up in a clear and concise manner.

Was very knowledgeable specifically in the area of discrimination and was up front and honest at all times. Due to his abundant understanding of the law in this area, it was an open and shut case.

It was a case which normally would take 3-4 years to settle, but much to both my and Mr. Davis' surprise was done and over with in a matter of months.

Kudos to John Davis, of Davis and Davis Law Firm."

77 Franklin St., Boston

Our Employment Law Firm's offices are located at the corner of Franklin and Arch Streets, across from the Boston Stock Exchange, just minutes from all MBTA lines