The 1964 Civil Rights Act did more than prohibit pregnancy and other discrimination. It reinforced a fundamental principle in employment law. Different people should not be treated differently simply because they are different. However, pregnancy discrimination is in a gray area from a legal perspective. Most people do not choose their national origin or age. But most people choose to become pregnant. For that reason, pregnancy discrimination is deep-seated, hard to recognize, and hard to eliminate.
At the Law Office of Mitchell Kline, our dedicated Chicago pregnancy discrimination attorneys use the law’s principles to protect everyday people. Many companies hide in the aforementioned gray area and try to justify pregnancy discrimination. But we get to the heart of the problem and obtain compensation and justice for victims, frequently after government bureaucrats have let them down.
Many companies think they are doing the right thing when they discriminate against pregnant women.
Assume Mary works the night shift in a manufacturing facility where people are exposed to possibly hazardous chemicals. When Mary’s boss learns she is pregnant, she transfers Mary to the day shift at a shipping facility. These changes mean significantly less pay.
Mary’s boss believes the change means better hours for Mary and lower injury risk to her unborn child. Those beliefs may or may not be true. In either case, Mary and her family, not Mary’s boss, gets to decide if a transfer is in Mary’s and her baby’s best interests.
Sometimes, pregnancy discrimination is less specific. For example, Mary’s company might have a policy that prohibits pregnant women from working certain jobs. Once again, the company probably thinks it’s looking out for its workers. But to a Chicago pregnancy discrimination attorney, such a policy is illegal.
Other companies refuse to provide accommodations, like hourly flexibility or a private nursing area, for pregnant women or new mothers. Still, other companies retaliate against women who request such accommodations.
Retaliation is the most common Equal Employment Opportunity Commission discrimination claim. Secondary retaliation is easier to prove than primary discrimination. Additionally, retaliation often involves a coverup, so damages in these cases are usually higher.
These two characteristics appeal to EEOC investigators. This agency usually only accepts cases that are easy to prove and could result in significant damages. Therefore, the EEOC usually passes on individual discrimination claims that don’t feature an eye-popping amount of damages.
But to a Chicago family, discrimination is discrimination. Furthermore, most people live paycheck to paycheck. A few thousand dollars might as well be a few million dollars.
So, an EEOC right-to-sue letter is a blessing in disguise. This letter doesn’t mean your claim is weak or meritless. It just gives you the right to partner with an attorney who represents you and doesn’t further a political agenda.
Job bias victims have legal options in Illinois. For a free consultation with an experienced Chicago pregnancy discrimination attorney, contact the Law Office of Mitchell A. Kline. We routinely handle matters throughout Chicagoland.
