St. Louis Pregnancy Discrimination Attorneys
Pursuing Justice for Pregnant Employees in Missouri
Pregnancy is a time that should be filled with hope and excitement, not worry or fear about how an employer might treat you. Unfortunately, many employers discriminate against women who are pregnant, treating them unfairly when it comes to hiring, promotions, pay, or even allowing reasonable accommodations in the workplace. If you’ve experienced adverse employment actions due to your pregnancy in St. Louis, you may be entitled to legal relief, including compensation for lost wages, emotional distress, and other damages.
At Sedey Harper Westhoff, we firmly believe that no one should face discrimination for their pregnancy. Our St. Louis pregnancy discrimination attorneys are dedicated to fighting for your rights and holding unethical employers accountable for their actions. Whether you were penalized for requesting maternity leave or faced outright hostility due to your pregnancy, our experienced legal team has the skills and track record needed to advocate for you. With our deep knowledge of Missouri employment law, we will work tirelessly to secure the justice and compensation you deserve.
If you’ve been subjected to pregnancy discrimination in St. Louis, our nationally recognized attorneys are here to help. Call (314) 819-0963 today to schedule a consultation.
What Is Pregnancy Discrimination?
Pregnancy discrimination occurs when an employer treats a worker unfairly due to pregnancy, childbirth, or related medical conditions. This kind of discrimination can take many forms, including bias in hiring, firing, pay, job assignments, promotions, training, benefits, and other terms of employment.
Employers also have a legal duty to provide reasonable accommodations for pregnant employees. These might include temporarily altering job duties, permitting more frequent breaks, or modifying work schedules to accommodate prenatal medical appointments, as long as they don’t cause undue hardship for the employer. Denying such accommodations, retaliating against those who request them, or pressuring workers to take leave they don’t want are also forms of discrimination.
Pregnancy discrimination is not just unethical—it’s illegal. Missouri law aligns with federal laws such as the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), both of which protect pregnant employees from discrimination and require reasonable accommodations for pregnancy-related conditions unless doing so would cause undue hardship for the employer.
What Laws Protect Missouri Workers Against Pregnancy Discrimination?
Employees in Missouri are protected by several federal and state laws when it comes to pregnancy discrimination. These include the following key statutes:
- The Pregnancy Discrimination Act (PDA): An amendment to Title VII of the Civil Rights Act of 1964, this federal law prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as others with temporary medical conditions in terms of accommodations, leave policies, and benefits.
- Americans with Disabilities Act (ADA): While pregnancy itself isn’t considered a disability, pregnancy-related medical conditions such as preeclampsia or gestational diabetes may be covered under this law, requiring employers to provide reasonable accommodations.
- Family and Medical Leave Act (FMLA): This federal law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for reasons such as childbirth or caring for a newborn. FMLA leave also applies to serious health conditions related to pregnancy.
- Missouri Human Rights Act (MHRA): Under this state law, it’s illegal for employers with six or more employees to discriminate against workers based on pregnancy, childbirth, or related medical conditions.
Combined, these laws ensure pregnant workers have access to a fair workplace and that employers are held accountable for discriminatory practices.
Common Types of Pregnancy Discrimination
Pregnancy discrimination can take many forms, all of which can have a serious impact on your job and livelihood. Some of the most common examples include:
- Failure to Hire: Pregnant employees or job applicants may be denied employment simply because of their condition, even when fully qualified for the role.
- Firing or Demotion: Employers may terminate or demote pregnant workers under the guise of performance issues, when the real reason is simply their pregnancy.
- Denial of Accommodations: Refusing accommodations like modified duties or allowing time off for prenatal medical visits is a violation of pregnant workers’ rights.
- Hostile Work Environment: Employers or coworkers may create a negative workplace atmosphere with inappropriate remarks or unfair treatment targeting pregnant employees.
- Unequal Pay or Benefits: Pregnant workers may find themselves unfairly excluded from raises, bonuses, or promotions they’re otherwise eligible for.
- Retaliation for Taking Leave: Punishing employees who take maternity leave or forcing them to resign is another harmful form of discrimination.
If you’ve faced any of these discriminatory actions, don’t hesitate to contact a trusted pregnancy discrimination attorney in St. Louis. At Sedey Harper Westhoff, we’ll stand by your side and advocate for your rights.
Where Do I Report Pregnancy Discrimination in St. Louis?
If you’ve experienced pregnancy discrimination, you don’t have to face it alone. Missouri employees have several options when it comes to reporting discrimination:
- Equal Employment Opportunity Commission (EEOC): File a Charge of Discrimination with the EEOC, either online or by calling their hotline at 1-800-669-4000. The EEOC enforces federal anti-discrimination laws, including the Pregnancy Discrimination Act.
- Missouri Commission on Human Rights (MCHR): You can also file a complaint through the MCHR by calling their hotline at (877) 781-4236 or emailing MCHR@labor.mo.gov.
Reporting discrimination is an important first step, but navigating the complaint process can be overwhelming. An experienced attorney can represent your interests and handle the legal complexities, ensuring your case moves forward smoothly and effectively.
Do I Have a Pregnancy Discrimination Case?
To win your case, you’ll need to prove that your employer’s actions were discriminatory. This can require substantial evidence, such as performance reviews, emails, or witness statements. To succeed, you must demonstrate:
- You were pregnant or had a pregnancy-related medical condition.
- You were qualified to perform the essential functions of your job.
- Your employer took adverse action against you due to your pregnancy.
- You suffered damages, such as lost wages, emotional distress, or loss of benefits.
Partnering with a skilled St. Louis pregnancy discrimination lawyer is critical in building a strong case. At Sedey Harper Westhoff, our attorneys have the knowledge, experience, and determination needed to pursue justice on your behalf.
How a Pregnancy Discrimination Attorney Can Help
Having a trusted attorney by your side can make all the difference in a pregnancy discrimination case. Here’s what our team can do for you:
- Case Evaluation: We’ll assess the strength of your claim and advise you on the best course of action.
- Evidence Collection: Our attorneys will gather key evidence to support your case, including communication records and witness statements.
- Settlement Negotiation: We’ll advocate for you in negotiations with your employer, aiming for a fair and just settlement.
- Litigation Support: If your case goes to court, our skilled trial lawyers will provide aggressive representation to hold your employer accountable.
Why Choose Sedey Harper Westhoff?
When you choose Sedey Harper Westhoff, you’re partnering with a law firm that’s deeply committed to delivering justice for employees across Missouri. Here’s why clients trust us:
- Proven Expertise: With decades of experience in employment law and a track record of successful verdicts, we know what it takes to win.
- Compassionate Advocacy: We understand how emotional workplace discrimination can be, and we’ll handle your case with care and respect.
- Personalized Approach: No two employment cases are alike. We tailor our strategy to meet your unique needs and circumstances.
Contact a St. Louis Pregnancy Discrimination Lawyer Today
If you’ve been discriminated against because of your pregnancy, don’t wait to take action. The attorneys at Sedey Harper Westhoff are here to help you hold your employer accountable and secure the compensation you deserve. With Sedey Harper Westhoff on your side, you can focus on what matters most—your health, your family, and your future.
Call (314) 819-0963 today to schedule a consultation and find out how we can assist with your case.
Frequently Asked Questions About Pedestrian Accidents in Missouri
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How Do I Know If I Have a Valid Age Discrimination Claim in Missouri?
Determining whether you have a valid age discrimination claim requires a careful examination of the circumstances and facts surrounding your situation. Remember, age discrimination in the workplace can be extremely subtle and challenging to prove, so if you aren’t entirely certain whether you have a claim, it is in your best interest to consult an experienced employment lawyer.
Here are key elements to consider:
- Evidence of discriminatory behavior. First, identify any direct or indirect evidence that suggests age-related bias. This includes ageist remarks from supervisors or coworkers, patterns of exclusion from projects or promotions, and any unjustified adverse employment actions that seem tied to your age. It's important to gather documentation like emails, notes from meetings, or witness statements that support your claim.
- Comparative treatment. Evaluate whether younger employees are treated more favorably in similar situations. Examples include being consistently chosen for promotions, receiving better performance evaluations without substantial justification, or facing different standards for misconduct. These comparisons can help highlight potential discrimination.
- Adverse employment actions. Identify any specific actions that have negatively impacted your employment. This includes firing, demotion, salary cuts, or undesirable job reassignments directly linked to your age. Conversely, consider if you have faced less overt actions, such as being geographically relocated or deliberately given menial tasks, that reflect a pattern of discriminatory behavior.
- Employer's justification. Consider the reasons provided by your employer for the actions in question. If their explanations seem pretextual or inconsistent, this could serve as evidence of discriminatory intent. Look for contradictions in rationale or disparities in how policies are applied to younger versus older employees.
- Consistency with state law. The Missouri Human Rights Act specifically protects employees aged 40 and older and less than 70 years of age from discrimination. If you do not meet this age criteria, you likely do not have a case at the state level.
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What Is the Process for Filing an Age Discrimination Lawsuit in Missouri?
You cannot immediately file an age discrimination lawsuit against your employer, even if you have substantial evidence demonstrating egregious misconduct. Initially, you must file a complaint with the MCHR or the federal Equal Employment Opportunity Commission (EEOC). (Note that our firm generally prefers to handle age discrimination claims at the state level.) This is a mandatory step before any lawsuit can be pursued, as it initiates an investigation into your claim. The charge must be filed with the MCHR within 180 days from the date of the discriminatory act to preserve the validity of your case.
Once the charge is filed with the MCHR, they will review the complaint and may offer mediation as a means of resolving the issue. Mediation can allow both parties to negotiate a settlement without undergoing lengthy legal proceedings. If mediation is unsuccessful or not pursued, the agency will conduct a thorough investigation, gathering evidence, conducting interviews, and assessing whether there has been a violation of anti-discrimination laws.
Once 180 days have passed from the date you filed your complaint, you can ask for a “right to sue” letter. The MCHR will stop its investigation if you request this letter and will take no further action on your behalf.
If you don’t request this letter, they’ll complete their investigation and determine whether they have evidence that supports probable age discrimination. If they do think there’s probable cause, they will work to settle your case with your employer. If these negotiations are unsuccessful, they will proceed to a hearing, where a hearing examiner will make a final decision. If the MCHR doesn’t think they have enough evidence to pursue their own case, they will issue a letter saying so, and you’ll have a right to appeal.
Filing your own lawsuit involves drafting and submitting a formal complaint that outlines the discriminatory acts, the applicable laws, and the relief sought. Our St. Louis age discrimination lawyers can assist you with this process and aggressively fight for you in and out of the courtroom.
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How Long Does a Missouri Age Discrimination Lawsuit Usually Take?
The duration of a Missouri age discrimination lawsuit can vary significantly depending on numerous factors, including the complexity of the case, the willingness of parties to settle, and the workload of the court system.
Again, you cannot sue until you have received a “right to sue” letter from the MCHR or EEOC. You can request this letter from the MCHR after waiting 180 days from the date you submitted your initial complaint.
Moving forward with a lawsuit may involve prolonged pre-trial proceedings, including discovery, where both parties gather evidence. The discovery phase itself can take anywhere from several months to over a year, depending on the scope of the evidence and any challenges that arise. Additionally, seeking resolution through mediation or settlement discussions can either shorten or lengthen the timeline based on the outcomes. If your case proceeds to trial, additional delays may occur due to scheduling and other procedural requirements.
We understand that the lengthy process of pursuing an age discrimination lawsuit can be incredibly frustrating. Our attorneys can keep you informed throughout each stage of the legal process and are prepared to work efficiently to get you justice.
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What Are the Potential Outcomes of a Missouri Age Discrimination Lawsuit?
An age discrimination lawsuit can result in one of several outcomes. One possibility is a settlement, which can occur at any stage of the litigation process. In a settlement, the parties agree on a resolution without proceeding to trial, often involving compensation for lost wages, damages for emotional distress, or other agreed-upon remedies. Settlements provide a quicker resolution and reduce the uncertainty and costs associated with a trial. However, not all employers are willing to settle, and some may make woefully inadequate offers.
If the lawsuit proceeds to trial, the court may rule in your favor, resulting in a judgment. This can lead to various forms of legal relief, including compensation for lost earnings and benefits, reinstatement to a previous job position, changes in workplace policies, or punitive damages in cases of egregious conduct by your employer. Your employer will also likely be responsible for covering your attorney’s fees and other court costs if you win your case.
If the court sides with your employer, they may dismiss your case. Should this occur, you will not receive any compensation or relief unless you successfully appeal the decision.
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Can I Represent Myself in a Breach of Contract Lawsuit?
While you can represent yourself in a breach of contract lawsuit, doing so comes with significant risks and challenges. The complexities of contract law require a nuanced understanding of legal principles, procedures, and the intricacies involved in presenting a case effectively in court. Without professional legal training, you may struggle to accurately interpret contract language, gather relevant evidence, or comply with procedural requirements, potentially undermining your case.
Your employer will likely be represented by experienced legal professionals, placing you at a disadvantage in legal arguments and negotiations. Missteps in any part of the process can have detrimental consequences, including the possibility of an unfavorable verdict. An experienced employment law attorney who handles breach of contract cases can help you avoid common mistakes, build a strong claim, and effectively combat your employer’s arguments.
- We advise you about whether you have a case and how strong it is.
- We help you negotiate for severance or a better severance package.
- We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
- We prosecute your case in state and federal court for a just result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
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"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
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"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
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