Can You Be Demoted at Work While Pregnant in Ohio?

When an employee informs their employer that they are pregnant, employers are expected to provide reasonable accommodations for the pregnant employee. This does not necessarily mean they must do everything to accommodate a pregnant employee, but they must provide reasonable accommodations based on the request the employee has made.

Sometimes, following notification of an employee being pregnant, an employer may conclude on their own that the employee cannot perform their normal job duties. This may result in demotion, a reduction of duties, and even a job no longer existing when the employee returns from FMLA leave. In such cases, an employee may wonder whether you can be demoted at work while pregnant in Ohio, or if such actions are illegal.

In fact, actions such as those outlined above may be considered discrimination, and employees who are punished in these ways may have grounds for a legal case.

Below, we take a closer look at how to prove pregnancy discrimination and what you can do if you have been demoted because of your pregnancy.

What Is Pregnancy Discrimination?

Pregnancy discrimination is a form of discrimination that is illegal in the United States. It involves treating either an applicant or employee who is pregnant “unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.”

The Pregnancy Discrimination Act (PDA) is a federal law that forbids discrimination based on pregnancy in all aspects of employment, including:

• Hiring
• Firing
• Layoffs
• Training
• Pay
• Job assignments
• Benefits such as health insurance, leave, 401k, etc.

Pregnancy discrimination can also take the form of workplace harassment that creates a hostile or offensive workplace, as well as solely focusing on any pregnancy-related conditions when determining an employee’s overall ability to work.

Do I Have to Accept a Demotion at Work?

The answer to this is somewhat complicated.

An employer does not have the legal right to demote you based on your pregnancy as doing so would fall under pregnancy discrimination. However, such discrimination would still need to be proven in a legal setting to reverse any such demotion and/or recover any damages.

An employer may also claim that a demotion is based on another factor, even if the facts are in your favor indicating that the pregnancy is the real cause. Still, your position would need to be supported by evidence and ultimately proven.

Thus, in the short term, you may need to “accept” the demotion until which time your case is reviewed by employment attorneys who can give you legal advice and potentially prepare a case. You also have the option of resigning from your current place of business and preparing a case afterwards.

What Can I Do if I’m Demoted While Pregnant?

If you have been demoted at work while pregnant in Ohio and you have reason to believe it was on the basis of your pregnancy, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

Filing a pregnancy discrimination complaint can be done in person at the closest EEOC office to you or by mail. Information you will need to file an EEOC complaint includes:

• Your name, address, and telephone number
• Your employer’s name, address, and telephone number
• A description of the event(s) that you believe constitute discrimination, harassment, or unfairness
• The dates that the event(s) occurred

An EEOC complaint will need to be filed within 180 days, or 300 days if your complaint is covered by state law as well.

Our experienced Columbus, Ohio pregnancy discrimination lawyers are available to assist you with filing a complaint with the EEOC if you’ve been demoted at work while pregnant in Ohio. Coffman Legal’s attorneys can guide you through the filing process to ensure that every step in the process is completed.

How to Prove Pregnancy Discrimination

During the process of filing an EEOC complaint, it is important to know the best ways to prove pregnancy discrimination.

Typically, evidence of pregnancy discrimination will play a key part in securing a satisfying judgment. Evidence can include:

• Your own documentation and notes on the discrimination as it occurred – dates, times, people involved, and what happened
• Documentation from your employer that shows demotion, firing, or denial of benefits
• Eyewitness testimony from other employees or individuals that witnessed the discrimination

Evidence can be concrete (e.g., written proof) or circumstantial (where discrimination is a reasonable conclusion even if you do not have an outright admission of discrimination). Circumstantial evidence may include suspicious timing of a demotion or your firing being handled differently compared to other employees.

As you work to gather evidence, consider consulting with a pregnancy discrimination lawyer at Coffman Legal, LLC. We will guide you through the process that protects you from harassment or discrimination because you are pregnant and be able to take a close look at all of the evidence that you have.

Work with a Trusted Pregnancy Discrimination Lawyer in Columbus, Ohio

If you feel as though you are being harassed, retaliated against, or discriminated against following your return to work from maternity leave or because of your pregnancy, it is important to connect with an experienced pregnancy discrimination lawyer in Columbus, Ohio.

The Coffman Legal team is here to offer trusted counsel and guidance to you, whether you received disciplinary action based on your pregnancy, were demoted at work while pregnant, or if your job is no longer offered following FMLA leave.

Connect with us online to schedule a free and fully confidential consultation with our pregnancy discrimination attorneys.