Navigating the workplace while pregnant can be challenging, but when added layers of emotional distress or discrimination enter the picture, it becomes unbearable. If you’re asking yourself whether you can sue your employer for emotional distress during pregnancy, the pregnancy discrimination attorneys at Barrett & Farahany can provide everything you need to know, from understanding your rights to pursuing legal options.
Understanding Pregnancy Discrimination
First, let’s clarify what pregnancy discrimination is. Under federal law, specifically the Pregnancy Discrimination Act (PDA), employers are prohibited from treating employees unfavorably due to pregnancy, childbirth, or related medical conditions. Many states and local jurisdictions also have their laws offering additional protections, which vary by location.
Emotional Distress as a Result of Discrimination
Emotional distress refers to significant psychological harm resulting from someone else’s actions. This can manifest as stress, anxiety, depression, or physical symptoms like headaches or insomnia.
When workplace discrimination creates added stress, a hostile environment, or mental anguish targeted at your pregnancy, this constitutes emotional distress. For example:
- Frequent inappropriate comments about your pregnancy.
- Pressure to work beyond your physical or emotional capacity.
- Facing constant fear of retaliation or job loss.
The cumulative toll of such actions can cause significant harm, which may be legally actionable.
Hostile Work Environments and Pregnancy Discrimination
A hostile work environment occurs when an employer’s behavior is so severe or pervasive that it creates an abusive atmosphere for the employee. Related to pregnancy, examples include:
- Repeated derogatory or offensive remarks about your pregnancy.
- Sabotaging your work or intentionally excluding you from opportunities.
Experiencing constant discrimination or harassment at work can significantly impact your mental health, leaving you feeling isolated, overwhelmed, and emotionally drained.
Retaliation for Requesting Accommodations
Retaliation happens when your employer punishes you for exercising your workplace rights, such as:
- Requesting reasonable accommodations for pregnancy or related medical conditions.
- Taking legally allowable maternity or medical leave.
Examples of retaliation include:
- Sudden demotion following a request for accommodations.
- Being assigned undesirable tasks or excluded from projects.
- Termination after raising concerns about workplace treatment.
If retaliation results in emotional or physical harm, legal action may be warranted.
Proving Emotional Distress
Suing for emotional distress involves showing that your employer’s actions caused significant harm. This requires concrete evidence.
Common Evidence of Emotional Distress:
- Medical records: Proof of stress-related medical conditions, doctor’s notes, or prescriptions.
- Therapy notes: Documentation from a licensed therapist outlining emotional or psychological harm.
- Personal testimony: A detailed account of incidents, including dates and descriptions of discriminatory actions.
- Witness testimony: Statements from colleagues attesting to what they observed in the workplace.
The stronger your evidence, the more likely your case will succeed.
Egregious Emotional Distress
If your employer’s actions were particularly shocking or outrageous, such as public humiliation or deliberate malice, you may be entitled to higher emotional distress damages. For example:
- Publicly shaming you for needing time off for medical appointments.
- Intentionally jeopardizing your chances of career advancement due to pregnancy.
Legal Options and Remedies
If you’ve experienced emotional distress tied to pregnancy discrimination, you have several legal pathways available.
Your Legal Options
- File a complaint with the EEOC: The Equal Employment Opportunity Commission (EEOC) investigates claims of workplace discrimination. Filing a charge is often a prerequisite for taking legal action under federal law.
- File a claim under state laws: Many states offer additional pregnancy protection provisions that may strengthen your claim.
- Lawsuit: Depending on the severity of discrimination and distress, you can sue your employer. Emotional distress is often pursued as part of a larger claim, such as one for hostile work environments or retaliation.
Remedies You May Be Entitled To:
- Compensatory Damages: These include medical bills for therapy or counseling, lost wages, or other financial losses.
- Monetary and Emotional Compensation: Financial compensation for the emotional harm caused.
- Policy Change: Employers may be required to revise discriminatory practices or ensure better accommodations.
- Punitive Damages: For employers whose actions were especially malicious, punitive damages may apply.
Seeking Legal Assistance
Dealing with pregnancy discrimination while already handling the challenges of pregnancy can feel overwhelming. That’s where having the right legal help makes all the difference. An employment attorney experienced in pregnancy discrimination can:
- Guide you through the complexities of filing claims.
- Help you build a strong case with compelling evidence.
- Ensure deadlines and legal procedures are met.
At Barrett & Farahany, we stand up for pregnant employees who deserve fair treatment and respect. We’re dedicated to helping working mothers secure justice and have extensive experience in handling cases like yours.
Protecting Your Rights as a Pregnant Employee
Pregnancy should be a time of excitement and preparation, not one of fear and stress due to workplace treatment. If you’re experiencing discrimination or emotional distress, know that you have rights and resources available to protect yourself.
At Barrett & Farahany, we’re committed to empowering working mothers and holding employers accountable. If you’re ready to take the next step, contact us today for a free consultation.
