With changes in work culture from the pandemic and the rise of social media, employers seem to regularly be under fire regarding the fair and appropriate treatment of their employees.
Pregnancy and maternity discrimination are no exception. Though protections exist, birthing and nursing parents still face discrimination challenges in South Carolina every day.
Our firm has over a decade of experience serving our local community in a variety of personal injury cases. Shelly Leeke Law Firm and our South Carolina employment discrimination lawyer firmly believe that attorneys should be a vital source of support in their communities. With offices across South Carolina, we are committed to being that source to the communities we serve.
Understanding Pregnancy and Maternity Discrimination
Discrimination can happen across all types of people in all situations. The South Carolina Human Affairs Commission defines discrimination as unfair treatment or harassment because of race, color, religion, age, disability, or sex.
This category of sex is meant to include pregnancy and breastfeeding, and examples of what this may look like include:
- Refusing to hire or promote someone because they are pregnant, breastfeeding, or intend to become pregnant.
- Termination because they are pregnant or after they take medical leave for pregnancy-related reasons.
- Reducing work hours or limiting job assignments for pregnancy-related reasons.
- Unwanted touching of a pregnant employee’s stomach.
- Failing to remove risks or provide additional safety measures for someone who is pregnant.
- Withholding benefits like health insurance or medical leave because someone is pregnant.
These are not the only situations that may be considered pregnancy or maternity discrimination, but they are some examples of the types of cases our law firm has seen. If you have a situation that makes you unsure if you may have a discrimination case, you may want to talk to an attorney.
Equal Application of Company Policy
A key feature of discrimination as it applies to company policy is that it must be applied equally. For example, if you must provide a note for accommodations related to pregnancy, your employer must also require the same level of documentation for other employees managing short-term disabilities or illnesses.
When an employer does not require the same standards as other employees, this may be considered pregnancy or maternal discrimination.
Know Your Rights
Pregnancy and maternity discrimination is not just illegal in South Carolina. The federal government passed Title VII of the Civil Rights Act of 1964 which sets the foundation of pregnancy discrimination.
According to the Equal Employment Opportunity Commission, this protects you against discrimination based on:
- Current or past pregnancy
- Potential pregnancy
- Any medical condition relating to pregnancy or childbirth, including lactation
- Refusing or choosing to have an abortion
- Birth control
Pregnant Workers Fairness Act
Some of the things you should know about the Pregnant Workers Fairness Act are that this is a federal protection that targets reasonable accommodations established in 2023 and effective in 2024.
This is the bare minimum requirement, though South Carolina does provide similar state-level protections designated by the South Carolina Code of Laws Unannotated 1-13-30 and 1-13-80.
Americans with Disabilities Act
The EEOC notes that while pregnancy itself is not a disability under the ADA, many pregnant workers may find themselves impaired by ailments that do meet those requirements.
In circumstances like this, your employer may be required to provide a reasonable accommodation for your pregnancy-related disability.
Additionally, the ADA requires that any documentation and medical records pertaining to the temporary disability are to be kept confidential.
South Carolina Breastfeeding Protections
In conjunction with federal requirements, South Carolina provides protections for parents who are lactating which are outlined fully in S.C Codes 1-13-30 and 41-1-130.
These regulations require that a lactating parent should be allowed additional unpaid breaks to accommodate necessary time for milk expression. They also require the employer to provide a private, nearby space that is not a bathroom stall for the parent to express milk.
Reasonable Accommodations
Almost every piece of legislation surrounding pregnancy and maternity discrimination discusses reasonable accommodations, but many may be unsure of what that means.
This may be an area that is integral to your claim. Examples of reasonable accommodations under state and federal law may include:
- Allowing more frequent or longer breaks for milk expression or rest.
- Allowing more frequent bathroom breaks.
- Providing accommodations to sit in positions that may require long hours of standing.
- Temporarily providing another role that will better meet needs (if a position is available).
- Providing equipment modification if relevant.
- Providing light duty.
- Uniform adjustments as appropriate.
- Providing flexible work hours if appropriate.
These are not all the ways that an employer may be obligated to provide reasonable accommodations for a worker, but this list may provide a starting point when you consider if your employer failed to offer appropriate accommodations to your position.
Employers also may not require that the employee utilize accommodations or leave time. Assessing whether your employer offered reasonable accommodations or allowed you to choose what accommodations are necessary is often a starting point for an employment discrimination case.
Documentation
Documentation is a crucial piece of any legal case, and this includes pregnancy discrimination. Much of this type of litigation may seem subjective, and keeping detailed records of interactions with your employer can significantly benefit your case.
Our employment discrimination attorney with Shelly Leeke will likely ask if you have any e-mail exchanges or documentation to support what happened.
The best way you can provide this trail of documentation is by initiating contact through e-mail. This may mean sending any concerns or documents to your supervisor or HR through e-mail. It also means sending an e-mail follow-up to any conversations with a summary of what was said or decided during the interaction.
This documentation can act to hold the employer accountable and show any attempts you made to follow the company policy to secure accommodations you are entitled to or otherwise take advantage of benefits offered to other employees who are not pregnant. While documentation is helpful, do not let a lack of it deter you from reaching out for help.
Call us About Your Pregnancy and Maternity Discrimination Today
If you have been terminated, demoted, or otherwise negatively affected at work for pregnancy, birth, or lactation-related incidents, you may be entitled to compensation.
At Shelly Leeke Law, we have obtained results that accumulate thousands of dollars awarded to our clients. We care about our clients, and that shows in the testimonials provided by those we serve.
Whether you are certain your workplace has discriminated against you or you are unsure, we are here to help. Call us today to schedule a free case consultation.
The transition to parenthood is hard, whether it’s your first child or fifth, and worrying about your job should not be part of that.
