If your employer wrongfully terminated you due to pregnancy discrimination in New Jersey, Castronovo & McKinney, LLC can help. Federal and state laws protect your right to continue working during your pregnancy and to reasonable accommodations for a pregnancy-related medical condition.
We have the skills and resources to protect your employment rights and will work tirelessly to help you obtain just compensation. Contact our office today to get started with an experienced pregnancy discrimination lawyer. We offer free case evaluations and will not charge any attorney fee until we recover for you.
Federal and State Laws That Protect Your Right to Work During Pregnancy
The federal Pregnancy Discrimination Act of 1979 (PDA), which amended Title VII of the Civil Rights Act of 1964, forbids employers with 15 or more employees from taking adverse employment actions – firing, reassigning, demoting, or disciplining – based on pregnancy.
Before taking legal action, an aggrieved employee must file a complaint with the Equal Employment Opportunity Commission (EEOC). The agency may issue the complainant a right-to-sue letter if the matter cannot be resolved through its conciliation process.
The New Jersey Law Against Discrimination (NJLAD) provides greater legal protections against pregnancy discrimination and wrongful termination. The NJLAD applies to all employers, regardless of the number of employees, and you are not required to pursue an administrative complaint before filing a lawsuit.
In short, employers are prohibited from discriminating against employees based on pregnancy, childbirth, or a pregnancy-related medical condition. This prohibition applies to harassment or unfair treatment of pregnant employees and wrongful termination.
Despite these protections, proving wrongful termination due to being pregnant is challenging because employers hold all the cards when it comes to making employment decisions. By working with a capable New Jersey pregnancy discrimination attorney, you can obtain meaningful compensation and protect your right to work.
Signs Of Wrongful Termination Due To Pregnancy Discrimination
Employers know how to disguise their discriminatory and illegal motives for firing employees; however, you may have been wrongfully terminated due to just being pregnant if you were fired:
- After informing your employer of you being pregnant
- After requesting maternity leave under the federal Family Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA)
- After refusing to take maternity leave or agreeing to a reduced workload
- After requesting a reasonable accommodation (e.g. remote work, flexible scheduling)
- After filing a pregnancy discrimination complaint
You may also have a valid wrongful termination claim if your employer fired you because they wanted to avoid providing you with health insurance or other benefits after learning about your pregnancy.
Moreover, harassment is considered a form of discrimination under federal and state law. If you were subjected to offensive comments about your pregnancy (e.g. “you can’t greet customers looking like that,” or “single women shouldn’t have kids”) that resulted in an adverse employment action (e.g. firing), you may have a valid wrongful termination claim.
Wrongful Termination and Retaliation
An employer that fires an employee for complaining about any type of discrimination, including pregnancy discrimination, may be liable for unlawful retaliation. Our legal team is here to protect your rights if you believe your employer fired you for complaining about pregnancy discrimination or harassment, or their refusal to accommodate your needs during pregnancy,
How Castronovo & McKinney Can Help
Our experienced pregnancy discrimination attorneys know how to build a successful wrongful termination case and will handle all the details:
- Obtaining and reviewing your attendance records and performance reviews
- Interviewing witnesses, including co-workers and supervisors
- Determining if your employer has a history of discrimination against pregnant women
- Communicating with your employer and their attorneys
- Negotiating a favorable settlement
- Filing a pregnancy discrimination lawsuit if necessary
We have an impressive track record of success in negotiations, arbitration, and litigation and will fight for the maximum compensation you deserve in any forum. Damages you may recover for wrongful termination due to being pregnant include:
- Back pay
- Front pay
- The value of lost benefits (e.g. health insurance, vacation pay)
- Compensatory damages for pain and suffering
- Emotional distress damages
- Reputational harm
- Attorney fees and court costs
Taking legal action against your employer may seem daunting, but we will be by your side providing you with informed representation and emotional support.
Contact Our Experienced Wrongful Termination Attorneys
Bringing a child into the world should be a joyful experience; being fired due to pregnancy discrimination can result in overwhelming emotional and financial burdens. Trust Castronovo & McKinney to help lift those burdens and get you the compensation and justice you deserve.