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Top Pregnancy Lawyer Answer: Can I Be Denied A Job For Being Pregnant?

On Behalf of | Feb 4, 2014 | gender-discrimination, pregnancy maternity rights |

Pregnancy Discrimination Attorney Best Answer: What should I do if I’m not hired because I’m pregnancy? Is it unlawful for employers to discriminate against pregnancy applicants? Do I have a pregnancy discrimination case?

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Both federal and Ohio law is clear. Pregnancy discrimination is unlawful. It is plainly unlawful for any employer to refuse to hire a woman because she is pregnant and/or because of a pregnancy-related condition. Specifically, the Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, is the federal law that makes discriminating against pregnant women to be unlawful gender discrimination. In Ohio, the Ohio Fair Employment Practice Act (Ohio R.C. § 4112.01et seq.) makes it unlawful for companies to engage in any employment actions that discriminate against women based on their pregnancy or pregnancy-related conditions or illnesses.

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These laws not only apply to current employees, but also pregnant women that are applying for jobs. The refusal to hire a pregnant applicant can be a costly mistake for an employer. For example, J.C. Penney Corporation, Inc. was sued for pregnancy discrimination by pregnant applicant that allegedly was rejected for a hair salon position shortly after she told the hiring manager that she was pregnant. Once the allegations regarding pregnancy discrimination were asserted, and it became clear that the employer hired someone outside the protected class for the position (i.e., some that was not pregnant), any reason that the employer gave for the decision not to hire the pregnant woman becomes a question of fact. This means that the case should reach a jury to weigh the facts and determine if there really was pregnancy discrimination. Under these circumstances, most employers will not want to risk going to a jury and seek to resolve the case through settlement. That is exactly what happened. Facing the prospect of trying to explain their conduct to a jury, J.C. Penney instead decided to settlement the pregnancy discrimination claim for $40,000 and other considerations. To put this in perspective, the average yearly income for a J.C. Penney hair stylist is $24,061.

If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Employers cannot harass, fire, wrongfully terminate, discriminate against, demote, or wrongfully discipline a female employee just because she got pregnant. When you call the right attorney to schedule a free and confidential initial consultation at 866-797-6040, you will meet with an attorney from the Spitz law firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims. Our pregnancy discrimination lawyers know your rights and will fight to protect them.

Disclaimer:

The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking “What should I do …”, “I’m being discriminated against …”, or “How do I …”, your best option is to contact an Ohio attorney to obtain advice with respect to pregnancy discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of the Spitz law firm or any individual attorney.