Maryland Pregnancy Discrimination? What Are Your Rights and What to Do?

Understanding Pregnancy Discrimination in Maryland: Your Rights and What to Do

Pregnancy is a joyous and transformative time, but for many working individuals in Maryland, it can also bring anxieties about job security and fair treatment. Unfortunately, pregnancy discrimination remains a persistent issue in the workplace. Both federal and Maryland state laws provide robust protections against such discrimination. This article will help you understand your rights, recognize unlawful practices, and provide actionable steps if you believe you’ve been subjected to pregnancy discrimination in Maryland.

What is Pregnancy Discrimination?

Pregnancy discrimination involves treating an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This can include a wide range of actions, from outright firing to subtle forms of harassment or denial of opportunities. It’s not just about being pregnant; it also covers your intent to become pregnant, or conditions like infertility treatments, miscarriage, or abortion.

Key Federal Protections

Several federal laws safeguard pregnant workers:

• ✨ The Pregnancy Discrimination Act (PDA): Passed in 1978 as an amendment to Title VII of the Civil Rights Act of 1964, the PDA prohibits discrimination based on pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant employees the same as other employees who are similar in their ability or inability to work.
• ✨ The Family and Medical Leave Act (FMLA): For employers with 50 or more employees, the FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for the birth and care of a newborn child, or for their own serious health condition (which can include pregnancy-related conditions).
• ✨ The Americans with Disabilities Act Amendments Act (ADAAA): While pregnancy itself is not typically considered a disability, certain pregnancy-related medical conditions (like gestational diabetes, preeclampsia, or severe morning sickness) may qualify as disabilities under the ADAAA. If so, your employer may be required to provide reasonable accommodations.
• ✨ The Pregnant Workers Fairness Act (PWFA): Effective June 27, 2023, the PWFA requires covered employers to provide "reasonable accommodations" to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an "undue hardship." This significantly strengthens accommodation rights for pregnant workers nationwide.
• ✨ The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act): Effective December 29, 2022, the PUMP Act expands the right of employees to take reasonable break time and have a private place, other than a bathroom, to pump breast milk for one year after childbirth.

Maryland-Specific Protections

Maryland law often provides protections that are as strong as, or even stronger than, federal laws:

• ⚖️ Maryland Fair Employment Practices Act (FEPA): Enforced by the Maryland Commission on Civil Rights (MCCR), the FEPA prohibits discrimination based on sex, which includes pregnancy, childbirth, and related medical conditions. It applies to employers with 15 or more employees.
• ⚖️ Maryland Pregnant Workers Fairness Act (MPWFA): This state law mirrors and, in some respects, predates the federal PWFA. It requires employers (with 15 or more employees) to provide reasonable accommodations for an employee’s disability due to pregnancy, childbirth, or a related medical condition. Examples of accommodations include:
  • 🧘‍♀️ Providing more frequent or longer breaks.
  • 💼 Modifying work schedules.
  • 🪑 Providing a stool or chair.
  • 📦 Light duty assignments or help with manual labor.
  • 🛌 Temporary transfer to a less strenuous or hazardous position.
  • 🩺 Leave for doctor’s appointments or recovery from childbirth.
  • 🥛 Private, non-bathroom space for expressing breast milk.
  Crucially, the MPWFA places the burden on the employer to show that an accommodation would impose an "undue hardship."
• ⚖️ Maryland Healthy Working Families Act (MHWFA): This law requires most Maryland employers to provide paid sick and safe leave, which can be used for an employee's or family member's illness, injury, or preventative care, including pregnancy-related appointments or recovery.

Common Forms of Pregnancy Discrimination

Pregnancy discrimination can manifest in various ways. Here are some common examples:

1. 🚫 Refusal to Hire: An employer refuses to hire a qualified applicant solely because she is pregnant or may become pregnant.
2. 🔥 Termination or Layoff: An employee is fired or laid off shortly after announcing her pregnancy, returning from maternity leave, or due to a pregnancy-related condition.
3. 📉 Demotion or Adverse Changes: An employee is demoted, stripped of responsibilities, or given less favorable assignments after announcing her pregnancy.
4. 💰 Unequal Pay or Benefits: A pregnant employee is paid less or denied benefits (like health insurance or leave) available to other employees.
5. 🛑 Denial of Accommodations: An employer refuses to provide reasonable accommodations for pregnancy-related limitations (e.g., denying light duty, more frequent breaks) that they would provide for other temporary medical conditions.
6. 🗣️ Harassment: Unwelcome comments, jokes, or actions based on an employee's pregnancy that create a hostile work environment.
7. ↩️ Retaliation: An employer takes adverse action against an employee for asserting their rights under pregnancy discrimination laws (e.g., reporting discrimination, requesting an accommodation).

Hypothetical Cases in Maryland

To illustrate, consider these typical scenarios:

Case 1: The Denied Accommodation

Sarah, a retail manager in Frederick, Maryland, becomes pregnant and experiences severe back pain during her third trimester, making it difficult to stand for her entire shift. Her doctor recommends a stool or more frequent sit-down breaks. Sarah requests this from her employer, a chain store with over 50 employees. Her manager states, "We don't allow stools on the sales floor; it looks unprofessional. Just push through it." Sarah is denied the accommodation.

Analysis: Under both the federal PWFA and the Maryland Pregnant Workers Fairness Act, Sarah's employer likely discriminated against her. They are required to provide a reasonable accommodation unless it causes undue hardship. A stool or more frequent breaks would rarely be considered an undue hardship for a large employer. The employer's refusal is a violation of her rights.

Case 2: The Post-Leave Termination

Maria works as a marketing associate for a tech company in Baltimore. She takes 12 weeks of FMLA leave after giving birth. Upon her return, her supervisor informs her that her position has been "restructured" and her responsibilities significantly reduced. A week later, she is told she is being laid off due to "performance issues" that were never raised before her leave. Her male colleague, who also took FMLA leave for a non-pregnancy related surgery, returned to his full position without issue.

Analysis: This scenario raises strong red flags for both FMLA interference/retaliation and pregnancy discrimination under the PDA and Maryland FEPA. The timing of the "restructuring" and termination, combined with the lack of prior performance complaints and disparate treatment compared to a male colleague, suggests her pregnancy and maternity leave were likely factors in her adverse employment action. Employers cannot use FMLA leave as a pretext for termination.

Steps to Take if You Experience Pregnancy Discrimination

If you believe you've been discriminated against due to pregnancy, taking swift and strategic action is crucial:

Document Everything

• 📝 Keep Detailed Records: Document dates, times, names of individuals involved, what was said or done, and any witnesses.
• 📧 Retain Communications: Save all emails, texts, notes, or memos related to your pregnancy, accommodation requests, performance reviews, or adverse actions.
• 🩺 Gather Medical Documentation: Keep records of doctor's notes, restrictions, or recommendations related to your pregnancy.
• 📈 Performance Reviews: Collect copies of your past performance reviews, especially those indicating good performance prior to your pregnancy.

Communicate with Your Employer

• 🗣️ Make Requests in Writing: If you need an accommodation, submit your request in writing to HR or your supervisor. Clearly state your limitation (e.g., "difficulty standing for long periods") and your requested accommodation (e.g., "request to use a stool").
• ✉️ Follow Up: If you don't receive a response or if it's inadequate, follow up in writing.
• 🙅‍♀️ Report Harassment: If you experience harassment, report it to HR or a designated company official immediately, following your employer's internal policy. Do so in writing.

Understand Your Deadlines (Statute of Limitations)

This is critical. Missing a deadline can prevent you from pursuing your claim:

1. 🗓️ EEOC (Federal): You generally have 300 calendar days from the day the discrimination occurred to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).
2. 🗓️ MCCR (Maryland): You generally have 6 months (180 calendar days) from the discriminatory act to file a complaint with the Maryland Commission on Civil Rights (MCCR).

It's often advisable to file with both agencies, or to file with one and have it cross-filed with the other (known as "dual filing"). An experienced employment attorney can guide you through this process.

Consult an Employment Law Attorney

• 🧑‍⚖️ Early Consultation: It is highly recommended to speak with an attorney specializing in employment law as early as possible. They can evaluate your situation, advise on the best course of action, help gather evidence, and ensure you meet critical deadlines.
• 🛡️ Protect Your Rights: An attorney can help you navigate internal HR processes, negotiate with your employer, or represent you in formal complaints with the EEOC or MCCR, or in court.

Potential Compensation and Outcomes

The remedies for pregnancy discrimination can vary greatly depending on the specifics of your case, the severity of the harm, and whether the case is settled or goes to trial. Compensation is designed to make the victim "whole" again.

Possible Compensation Ranges:

• 💲 Back Pay and Front Pay: This includes lost wages, salary, and benefits from the date of discrimination until a resolution, or for future lost earnings if you cannot return to your previous position. Depending on the length of unemployment and salary level, this can range from a few thousand dollars to tens or even hundreds of thousands.
• 🤕 Emotional Distress/Compensatory Damages: Compensation for mental anguish, pain, suffering, inconvenience, and loss of enjoyment of life. These awards can range significantly, from tens of thousands of dollars in typical settlements to six figures or more in cases with severe emotional impact.
• punitive damages. These are generally reserved for cases where the employer acted with malice or reckless indifference to the employee's rights. While less common, punitive damages can add significantly to an award, potentially reaching hundreds of thousands or even millions in very egregious cases, subject to federal caps based on employer size.
• ⚖️ Attorney's Fees and Costs: In many successful discrimination cases, the employer may be ordered to pay the employee's legal fees and court costs.
• 💼 Reinstatement: In some cases, you may be reinstated to your former position.

It is crucial to understand that these ranges are estimates based on general trends in employment discrimination cases and are not guarantees. Every case is unique, and settlement values or jury awards depend on numerous factors, including the strength of evidence, employer size, jurisdiction, and the specific facts presented. Many cases are resolved through confidential settlements, so public data on exact figures can be limited.

Common Mistakes to Avoid

Being aware of these pitfalls can strengthen your case:

• 🚫 Not Documenting: Failing to keep meticulous records of events, conversations, and communications.
• ⏰ Missing Deadlines: The statute of limitations is strict. Do not wait too long to seek legal advice or file a complaint.
• 🤐 Suffering in Silence: Not reporting the discrimination internally or seeking external help.
• ✍️ Signing Waivers Prematurely: Do not sign any severance agreements or waivers of claims without having an attorney review them. You could unknowingly give up your right to sue.
• 🛑 Quitting Without Cause: While quitting might be necessary, doing so without carefully documenting the reasons (constructive discharge) can weaken a claim for lost wages. Consult an attorney before making such a significant decision.

Conclusion

Pregnancy discrimination in Maryland workplaces is illegal and unacceptable. Both federal and state laws provide significant protections, including the right to reasonable accommodations and freedom from adverse actions based on pregnancy. If you believe your rights have been violated, remember the importance of documentation, timely action, and seeking experienced legal counsel. By understanding and asserting your rights, you not only protect yourself but also contribute to fostering fairer and more inclusive workplaces for all.

Disclaimer: This article provides general information about pregnancy discrimination laws in Maryland and is not intended as legal advice. The information is for educational purposes only and does not create an attorney-client relationship. Laws are complex and constantly evolving. If you believe you have experienced pregnancy discrimination, you should consult with a qualified employment law attorney for advice tailored to your specific situation. Do not act or refrain from acting based on the information in this article without seeking professional legal counsel.