Pregnancy Discrimination Attorney
Pregnant women face a number of challenges in the workplace, including a risk of wrongful termination.
The Law Offices of Dan A. Atkerson stands up for workers who have suffered mistreatment due to pregnancy, nursing, or related conditions.
Mr. Atkerson welcomes clients from throughout Allen, Plano, Frisco, TX, and beyond.
What Is Pregnancy Discrimination?
Pregnancy discrimination refers to the unfair treatment of an employee because of their pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Pregnancy discrimination cases often overlap with legal disputes over sex and gender discrimination as well as workplace disputes over medical leave.
Pregnancy discrimination cases relate to all aspects of employment law, including hiring, firing, wages, hours, unpaid leave, training, and benefits.
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Examples of Pregnancy Discrimination
Refusal to Hire Due to PregnancyIf an applicant is pregnant, an employer is prohibited from denying that applicant employment on the basis of pregnancy. Pregnancy discrimination cases can cover discriminatory practices in the hiring process, not just during employment.
Termination Due to PregnancyIf an employer fires a pregnant employee due to their pregnancy, it may be a case of wrongful termination. The claim of wrongful termination is clear-cut if a pregnant employee is laid off while a similar non-pregnant employee remains on the job.
Refusal to Make Reasonable AccommodationsEmployers are legally required to make reasonable accommodations for pregnant employees or new mothers. This includes changes in work duties to account for physical well-being, and providing a private space for a mother to pump breastmilk.
Restricting Maternity or Medical LeaveEmployers must grant qualifying pregnant employees unpaid leave in order to give birth and bond with their newborn. If an employee is denied their unpaid leave because they are pregnant, this may be a case of discrimination.
Creating a Toxic Work EnvironmentIf supervisors or co-workers make the workplace hostile because of your pregnancy, this is considered a form of discrimination. This includes behaviors like sexual harassment, making or posting offensive comments, sharing offensive images, and bullying.
Other Forms of Retaliation
- Cutting wages
- Cutting hours
- Denial of raise or promotion
- Changes in job duties
- Changes in job title
- Loss of benefits
- Forced relocation
Were You a Victim of Pregnancy Discrimination? Contact the Law Offices of Dan A. Atkerson
Pregnancy discrimination attorney Dan A. Atkerson has practiced employment law for more than three decades. He can evaluate your case and help seek compensation for the mistreatment you have suffered.
Our law firm works on a contingency fee basis, which means you won't pay us unless we can achieve a favorable outcome in your case.
We serve clients from throughout Allen, Plano, Frisco, TX, and beyond. If you would like to discuss your case with a lawyer, contact our law office online. You can also reach our legal practice by phone.
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Clients Share Their Experiences Helping Texas Workers Fight Discrimination
Dan was the only lawyer who seemed to have time for me and knew that I had a case. He was personable, helpful, and most importantly he knew how to win without setting foot in a court room. The process was fast and he communicated with me through the entire process. I would highly recommend his services if you need a lawyer.View on Google
Dan Atkerson helped me recently with a sensitive legal matter. He proved to be an invaluable resource. His legal expertise, his professionalism, and the solid results he produced make him the go to attorney in his field of expertise. I would certainly work with Dan again and recommend him to others!View on Google
How Common Are Pregnancy Discrimination Charges? Let's Take a Look at the Numbers
A Consistent Issue, Year after Year
For additional context, the EEOC recorded 2,753 new pregnancy discrimination charges in 2019 and 3,174 new charges in 2017. If you've faced any kind of unfair treatment at your job because of pregnancy, you are not alone. We are here to help and want to hear from you.
Contact a Pregnancy Discrimination Lawyer Dan A. Atkerson Is Ready to Listen
You should not be punished for being pregnant or raising a child. If your employer violated your protections under the Title VII of the Civil Rights Act, ADA, or FMLA, employment law attorney Dan A. Atkerson is here to help. Serving workers in and around Allen, Plano, and Frisco, TX, for more than 36 years, he can hold companies accountable for mistreating their employees.
Contact our law office online, or get in touch with our team by phone. We want to hear from you.
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Professional Legal Evaluation without Pressure or Obligation
If you've been discriminated against, the cost of legal services should not prevent you from speaking with a lawyer. That's why the Law Offices of Dan A. Atkerson offers free legal consultations. Our firm also takes cases on a contingency fee basis, which means you will not have to pay us unless we can successfully resolve your discrimination case.
"Dan was very kind, informative and responded immediately to address any and all questions that I had. His process was very quick and detailed as well. I would recommend him to anyone. Thank you Dan… I can’t tell you how much I appreciate you!" Melissa Yaxley, 2021
Maternity Leave and Pregnancy Discrimination
Maternity leave refers to the right to be absent after giving birth in order to care for and bond with a newborn. Under the FMLA, women qualify for maternity leave if they:
- Work at a company with at least 50 employees within a 75-mile radius
- Have been employed by their employer for at least 12 months
- Have logged at least 1,250 hours of work during their 12 months with the employer prior to taking maternity leave
Discrimination claims may arise if a mother is denied maternity leave despite qualifying for it. There are also cases of wrongful termination in which a woman is fired for requesting or taking maternity leave.
If you believe you have suffered discrimination due to pregnancy or a related health issue, it's important to speak with a lawyer about what happened. Your attorney can determine if it's worth pursuing litigation and recommend the next steps that you should take.
File a Discrimination Charge
If you feel you were the target of pregnancy discrimination, it's important that you file a formal charge with the EEOC or the Texas Workforce Commission (TWC). Dan Atkerson can help you with this process. Once the EEOC or TWC have processed your claim, they can provide a right to sue letter, allowing you to pursue a lawsuit against your employer.
Evidence of Discrimination
There may be direct or circumstantial evidence of violations such as discrimination and wrongful termination. Direct evidence can include your employer admitting to pregnancy discrimination. Circumstantial evidence means that no direct admission of discrimination has occurred, but discriminatory intent can be inferred. It's important to have a lawyer examine any documents or correspondence available to build a strong case.
An Attorney You Can Count On We Fight for the Rights of Texas Workers
I had an issue where I found out some troubling information Friday evening. By Monday morning, not only was I feeling much better about the situation, but a plan was in motion. Dan was very responsive to my situation and walked me through the process each and every step of the way. I would absolutely recommend Dan. He gets results, he's very strategic and understands the law. He's empathetic and professional all at the same time. Appreciate you, Dan!View on Google
I can't say enough about my experience with Dan Atkerson for helping me with my discrimination case. I found him not only very responsive but also very knowledgeable about how to deal with my employer. Because of the depth of his experience, he was much more informed and far better equipped to navigate my case over other attorneys I had interviewed...and the settlement proved that. Thank you Dan for helping not only me but also my family!View on Google