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Top Gender Discrimination Lawyer Reply: Can An Employer Refuse To Hire Me Because I’m Pregnant?

| May 21, 2014 | gender-discrimination, pregnancy maternity rights |

Best Pregnancy Discrimination Attorney Answer: Can my boss make an employment decision based on my pregnancy? Can an employer ask me if I’m pregnant during an interview? Is it unlawful to refuse to hire a pregnant woman under employment laws? How do I find the best Ohio gender discrimination?

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As our Ohio employment discrimination lawyers have on many prior occasions blogged about pregnancy discrimination, according to Federal and State laws, an employer is prohibited from making an employment decision based on pregnancy. Title VII of the Civil Rights Act of 1964 was amended by the Pregnancy Discrimination Act in order to protect employees from discrimination because of pregnancy. But what happens if you think your pregnancy is preventing you from being hired?

It is no surprise that the job market is not as strong as it used to be. Unemployment is historically high and many employers just aren’t hiring. Because of the current status of the economy, it may seem like the job market has become increasingly competitive. When faced with a stack of resumes, employers can look for any reason to justify not hiring a candidate. Many people on the market for a job know how important it is to make sure to avoid typographical errors, practice potential interview questions, and research the company where you are applying.

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Let’s say a pregnant applicant follows all the rules about interviewing, resume creation, and then her particular combination of skills, experience, and personality land her a position…until…the employer discovers she is pregnant.  Take for instance the pregnancy discrimination case brought against Benhar Office Interiors. Benhar was hiring a controller, and selected a female as one of the top candidates for the position. Benhar interviewed the candidate four times, and after each interview provided the candidate with positive feedback. Eventually, the company offered the female candidate a position through a staffing agency. When she was offered the position, the candidate informed the staffing agency of her pregnancy. The staffing agency informed the president of Benhar of the candidate’s pregnancy, and the response was that the pregnancy, “might be a deal breaker.” Ultimately, the candidate wasn’t hired, and instead, the company hired a non-pregnant applicant.

After she was denied the position, the candidate brought a complaint with the Equal Employment Opportunity Commission, or EEOC. Eventually, the matter was settled, and the rejected candidate received $90,000.00. Although the company committed the violation in 2011, it took three years for the claim to be resolved. Although this candidate received a favorable resolution, other routes are available as well. An alternative, and probably quicker route is to bring a claim for gender and pregnancy discrimination through a state or federal court by hiring a qualified employment discrimination lawyer.

If you are facing discrimination or harassment simply because you are pregnant, protect your legal rights — call the right attorney. Under federal and Ohio employment laws, 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 (216) 291-4744, 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, Brian Spitz, or any individual attorney.