Legal Question in Employment Law in Pennsylvania

Proving gender discrimination

How does someone prove discrimination if the employer never comes right out and says that you are being terminated because you are pregnant? I called a lawyer two months into my pregnancy because comments were made to me by management about my pregnancy. I didn't hired the lawyer, but simply asked for legal advise and I never told the company that I spoke with a lawyer. I was terminated three months later. I worked for this company for five years with no problems until I became pregnant. I know I was terminated because I was pregnant but how do I prove it?


Asked on 9/07/02, 11:20 pm

1 Answer from Attorneys
J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Proving gender discrimination

Generally, the evidence in these cases is mostly circumstantial (i.e. whether you were treated differently than other employees who were not pregnant, especially in terms of using short term disability and related benefits). It is extremely rare that there is a "smoking gun", such as a memo from the boss explicitly saying that they want you out becuase you are pregnant. The evidence in these cases is often subtle patterns of behavior.

If you would like to discuss your situation in greater detail, please call me at (215) 239-6026. I look forward to hearing from you.

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Answered on 9/09/02, 2:27 pm


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