Pregnancy Discrimination Lawyers in Boston

Pregnancy Discrimination & Retaliation Are Illegal

Davis & Davis, P.C., has represented pregnant women in a variety of employment cases. We also represent employers faced with pregnancy discrimination claims in Middlesex, Essex, and Suffolk counties.

If you find yourself facing a pregnancy discrimination lawsuit from either side, you can trust that Davis & Davis, P.C. will represent your best interests and fight for your rights. Whether we settle the matter through ADR or need to turn to litigation, your case is in good hands.

What Is Pregnancy Discrimination?

The Pregnancy Discrimination Act of 1978 bans discrimination based on pregnancy, childbirth, or related medical conditions. Pregnancy discrimination compromises of treating a person including an employee or applicant, unfavorably in any aspect of employment:

• Hiring
• Firing
• Pay
• Job assignments
• Promotions
• Layoffs
• Training
• Fringe benefits (such as leave and health insurance)
• Any other terms or conditions of employment

If you feel like you have been discriminated against based on the fact that you are pregnant, we are here to help! Call David & Davis P.C. today for a consultation!

Protections for Pregnant Women

Pregnant women in Massachusetts have certain rights under both the state and federal statutes that prohibit discrimination in the workplace based on sex and disability. Pregnant women in Massachusetts also have the right to a leave of absence from work for pregnancy-related medical care and childbirth. Massachusetts companies cannot penalize women based upon their pregnancy or use of maternity leave.

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:

• 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.
• Discriminatory policy implementation, such as a “fetal protection policy” in a hazardous industry, alleges that the policy in question is discriminatory on its face. Such a policy can only be upheld if it is a bona fide occupational qualification.

Contact Us for Compliance Advice or Representation

We are always ready to consult with employees facing a discriminatory situation at work, or with employers concerned about the possibility of pregnancy discrimination litigation. You can count on our pregnancy discrimination lawyers in Boston to handle your case with care while fighting hard to achieve a favorable resolution.