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Law Offices of Dan A. Atkerson

What Kind of Evidence Can I Provide in a Pregnancy Discrimination Case?

By Dan Atkerson on April 15, 2015

A Houston nurse is filing a lawsuit against Gillar Home Health Care after she claims to have been wrongfully terminated due to pregnancy discrimination.

According to reports, the woman was hired as a field nurse and shortly thereafter became pregnant. She had not worked for the company long enough to qualify for maternity leave under the FMLA. The woman alleges that her supervisor declined to grant her any leave and that the company regarded pregnant employees as inconvenient.

Shortly afterward, the woman suffered pregnancy-related heart issues and the employer told her to stay home until cleared by a cardiologist. She was fired before she could receive doctor approval to work.

How Do I Prove Pregnancy Discrimination?

The burden on employees facing discrimination is to provide evidence showing that the employer took action against the employee because of her pregnancy.

This evidence can come in the form of direct or circumstantial evidence of discrimination.

Direct evidence usually requires an admission from the employer that its actions are based on discriminatory intent. In the above news story, the employer’s statement that pregnant women are an inconvenience could potentially be regarded as direct evidence.

Circumstantial evidence is used to infer discrimination. The facts of the case, taken together, must make it more likely than not that pregnancy discrimination informed the employer’s actions.

If you believe you have evidence, direct or circumstantial, of pregnancy discrimination in your workplace, contact an employment law attorney to help put together your case.

Atkerson LawDallas Employment Attorney

Source: http://setexasrecord.com/news/302637-nurse-cites-employer-for-pregnancy-discrimination

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