Legal Question in Employment Law in Maryland

Re: Pregnancy Discrimination

Very possibly. You may have a claim under the Family and Medical Leave Act (FMLA), as well as the Pregnancy Discrimination Act (PDA). Be aware,though, that employers are allowed to treat pregnant women as others who need sick or disability leave are treated. Thus, if the employer routinely writes people up for missing work when they are sick, you are not being discriminated against. I doubt that is the case though.

The practical question is, what to do about it? An attorney might be able to more forcefully make your case to the employer, but that brings two problems. One, the cost. Two, lawyer involvement sometimes escalates the problem as the employer becomes defensive and digs in their heels.

So you might try raising the issue diplomatically with your HR department (if you have one), or a trusted executive if you know one, or your boss's boss. Of course, try to reason with your boss first if you have not already.

You can say that you have checked with legal sources and it appears that the employer's conduct does not comply with the anti-discrimination laws (the PDA). If your employer has more than 50 employees, you can also say that your absence should be protected by the Family and Medical Leave Act (FMLA), even if you did not designate it that way yourself. In both cases, the employer can not take action against you, such as writing you up, when the action is based on a pregnancy-related absence.

Understand that although this is a good faith argument, it does not mean you would prevail in a court of law. There are many facts and issues that might affect the outcome.

If you want to call for a free consultation to discuss the facts more fully, please feel free. If you feel you actually need to hire an attorney, I would be glad to cosider that as well.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.