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Home » Legal » How to Prove A PDA Violation

cballatan
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How to Prove A PDA Violation

Submitted by cballatan
Tue, 11 Dec 2007

Female employees and workers are protected by law under the Pregnancy Discrimination Act (PDA). If you are receiving unfair treatment at work because of your pregnancy, you can file a case for violation of the pregnancy discrimination law.

Under the law, it is unlawful for any employer to do the following:
• Refuse to hire, to fire, or to subject a pregnant employee to adverse terms of employment
• Treat pregnancy-related conditions differently from other disabling conditions.
• Discriminate against pregnant women with respect to fringe benefits
• Require an employee to take mandatory maternity leave, or
• Discriminate against an employee because she is pregnant and unmarried

However, to show a case of pregnancy discrimination, you must be able to prove that your employer knows about the pregnancy. You must also show that because of your condition, your employer took adverse actions against you or denied you the benefits given to other employees. You must also prove that the acts were part of a pattern or practice against all pregnant employees or applicants. In all these acts, you need not prove whether they were committed intentionally or not.

To prove your pregnancy discrimination complaint, you may have to document some things:

• Record everything including the date, time and place and statements uttered by people. Include names of participants and witnesses, and keep a copy of these notes at home.

• Continue to do your job, and start documenting your performance.

• Make copies of job performance reviews and other evidence of a job well done, and store them at home or some place other than your job site.

• Contact your union representative to talk about the possibility of filing a grievance or some other complaint process.

• Talk to your human resources department to file a complaint or learn about the company process for complaining.

• Call a local women’s rights or civil rights group for help.

• Find out how other pregnant workers have been treated by your employer and seek their assistance.

If despite this you are unable to find resolution to the issue, you may take your case to the Equal Employment Opportunity Commission. It is important to act quickly on your complaint, as there is a time limit for the filing of a complaint with the commission.

Who Can Help You
A lawyer who specializes in pregnancy discrimination law can help you seek redress for your grievances. His skill and knowledge in handling discrimination cases will increase your chances to obtain justice for the mistreatment you received.
Know more about the pregnancy discrimination issues with the help of reliable Pregnancy Discrimination Law Attorney through the Los Angeles Lawyers website.

 

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.


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