BRIAN J GRABER LLC is a pregnancy discrimination and retaliation lawyer representing employees in Indiana who are discriminated against or retaliated against in violation of federal pregnancy discrimination law. Pregnant employees in Indiana may be protected against pregnancy discrimination and retaliation under Title VII or the Civil Rights Act of 1964 and the Pregnant Workers Fairness Act.
Federal Pregnancy Discrimination and Retaliation Laws Only Apply to Covered Employers.
The federal pregnancy discrimination laws under Title VII, 42 U.S.C. 2000e(b) and the Pregnant Workers Fairness Act, (PWFA), 42 U.S.C. 2000gg(2)(B)(i) only apply to private employers employing 15 or more employees for each working day in each of the twenty calendar weeks in the current or preceding year. A private employer employing less than 15 employees is not covered by federal pregnancy discrimination laws under Title VII and the PWFA. If you are employed in Indiana, your best chance of recovery for employment discrimination is if your employer has fifteen or more employees to be covered by major federal anti-discrimination laws. Click here to learn more about your rights under Title VII and PWFA.
Indiana Civil Rights Laws prohibit sex discrimination in employment which arguably should include pregnancy discrimination but only if the employer employs six (6) or more employees. An employer employing less than six (6) employees is not covered by Indiana Civil Rights Law prohibiting employment discrimination. In short, if your employer has less than six employees, you are not protected from employment discrimination under the Indiana State Civil Rights Laws. Claims under the Indiana Civil Rights Laws must be timely filed with the Indiana Civil Rights Commission within 180 days of the discriminatory act. Click here to learn how to file a Complaint with the Indiana Civil Rights Commission.
Indiana has a pregnancy accommodations law, I.C. 22-9-12-3, et seq., that allows employees to request a pregnancy accommodation in writing. I.C. 22-9-12-3 only applies to an employer employing fifteen or more persons. I.C. 22-9-12-3(c)(1) does not require the employer to provide an employee with a pregnancy accommodation. The Indiana statute does not apply to employers employing less than fifteen employees. Claims for discrimination under the Indiana Civil Rights Laws must be filed with the Indiana Civil Rights Commission within 180 days of the discriminatory act. Click to learn how to file a Complaint with the Indiana Civil Rights Commission.
Title VII Discrimination and Pregnant Worker’s Fairness Act.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(1) makes it an unlawful employment practice for a covered employer to discriminate against pregnant employees and applicants by:
- Failing or refusing to hire;
- compensation, terms, and benefits;
- Failing or refusing to promote;
- Discharge or termination of employment; or
- Harassing a worker because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
The Pregnant Workers Fairness Act, (PWFA), 42 U.S.C. 2000gg, et seq., went into effect on June 27, 2023. The PWFA requires a covered employer to accommodate an employee’s known limitations related to pregnancy, childbirth, or related conditions unless the covered employee can prove an undue hardship.
If you believe your employer violated your rights under Title VII by engaging in pregnancy discrimination or retaliation or violated your rights under the Pregnancy Workers Fairness Act, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer as soon as possible for a free confidential consultation at (574) 395-5189.
Claims for pregnancy discrimination, retaliation, or refusal to accommodate limitations because of pregnancy, childbirth, or related conditions must be timely filed with the EEOC.
The law limits the time an employee has to file claims against their employers for violating their rights under Title VII and the Pregnant Workers Fairness Act. Failure to timely file a Charge of Discrimination with the U.S. Equal Opportunities Commission (EEOC) against your employer can result in your claims being dismissed. Click here for the time limits for filing a Charge with the EEOC. In general, you need to file a Charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Click here to learn how to file a Charge with the EEOC. If you believe you were discriminated against or retaliated against in violation of Title VII or the Pregnant Workers Fairness Act, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer at (574) 395-5189 for a free confidential consultation.
The Pregnant Workers Fairness Act may require covered employers to provide reasonable accommodations to Indiana employees with known limitations related to pregnancy, childbirth, or related medical conditions.
The Pregnant Workers Fairness Act, (PWFA), 42 U.S.C. 2000gg-1(1) makes it an unlawful employment practice for a covered employer to not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee unless the covered employee can prove that the accommodation would impose an undue hardship on the operation of the covered employee’s business. Click here for a more detailed discussion of unlawful employment practices under the PWFA.
The Pregnant Workers Fairness Act, (PWFA), 42 U.S.C. 2000gg-1(5) makes it an unlawful employment practice for a covered employer to take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical condition of the employee. In short, a covered employer cannot fire an employee or applicant who requests a reasonable accommodation under the PWFA. If you believe your covered Indiana employer violated your rights under the PWFA, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer for a free confidential consultation at (574) 395-5189 or by email.
The PWFA was based in part on the Americans with Disabilities Act and borrows several statutory definitions that may be modified. A “qualified employee” under the PWFA means an employee or applicant who can perform the essential elements of an employment position with or without a reasonable accommodation. However, the PWFA, 42 U.S.C. 2000gg(6) goes further and defines a “qualified employee” as any applicant or employee with 1) an inability to perform an essential function for a temporary period; 2) the essential function could be performed in the near future; and 3) the inability to perform can be reasonably accommodated. So a temporary inability to perform the essential job functions does not disqualify an employee or applicant unless the employer can prove an undue hardship.
Under the PWFA, 42 U.S.C. 2000gg(4) a “known limitation” means a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that an employee or employee’s representative has communicated to the employer.
Requesting reasonable accommodations.
No magic words are required to request a reasonable accommodation under the PWFA. The employee handbook is usually the best place to start to determine who the employer has designated to handle requests for reasonable accommodations under the Pregnant Worker’s Fairness Act. You must at least communicate to the employer a limitation linked to pregnancy, childbirth, or related medical conditions. You are not required to communicate the need for a reasonable accommodation in writing to your employer, but it is strongly suggested you make the request in writing in the event of litigation. The PWFA, 42 U.S.C. 2000gg(4) expressly allows an employee’s representative to communicate the need for a reasonable accommodation to the covered employer. Therefore, your spouse or significant other can communicate your need for reasonable accommodation under the PWFA to trigger the interactive process to determine the reasonable accommodations needed.
Your medical provider’s written limitations flowing from your pregnancy, childbirth, and related conditions can be extremely helpful in the interactive process of determining what reasonable accommodations are available considering your employment position and essential job functions.
Once a covered employer is on notice of the need for a reasonable accommodation flowing from pregnancy, childbirth, and related conditions, the employer needs to engage in an interactive process in choosing a reasonable accommodation. A covered employer is not required to provide an accommodation that it can prove is an undue hardship. A covered employer has a defense to damages awarded under 42 U.S.C. 1981a under the PWFA, 42 U.S.C. 2000gg-2(g) if the covered employer can prove good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship. It is strongly suggested you take all reasonable care to document the interactive process with the employer to avoid the employer’s defenses of undue hardship and its defense to damages.
If you believe your employer violated your rights to a reasonable accommodation under the Pregnant Worker’s Fairness Act, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer, for a free confidential consultation at (574) 395-5189 or by email.
Retaliation claims under Title VII and the Pregnant Workers Fairness Act.
Title VII, 42 U.S.C. 2000e-3(a) makes it an unlawful employment practice for covered Indiana employers to retaliate against employees or applicants for opposing any pregnancy discriminatory practice or because the employee has filed a charge of discrimination with the EEOC, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing into pregnancy discrimination. If you believe your covered Indiana employer retaliated against you in violation of your rights under Title VII, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer at (574) 395-5189 or by email for a free confidential consultation.
The Pregnant Workers Fairness Act, 42 U.S.C. 2000gg-2(f)(1) provides an anti-retaliation provision similar to Title VII, 42 U.S.C. 2000e-3(a) described above. However, the PWFA, 42 U.S.C. 2000gg-2(f)(2) goes further and makes it unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. Click here to learn more about retaliation claims.
If you believe your Indiana employer retaliated against you in violation of your rights under Title VII or PWFA, contact BRIAN J GRABER LLC a pregnancy discrimination and retaliation lawyer at (574) 395-5189 or by email to schedule a free confidential consultation.