What Can You Do About Pregnancy Discrimination in Nebraska?

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

Navigating the professional world while pregnant or dealing with pregnancy-related conditions can be challenging enough without the added burden of discrimination. In Nebraska, as across the United States, specific laws protect expectant parents from unfair treatment in the workplace. This article aims to cut through the legal jargon and provide clear, actionable insights into your rights regarding pregnancy discrimination in Nebraska employment.

We'll cover everything from the bedrock federal and state laws to practical steps you can take, potential compensation, and critical deadlines. If you suspect you've been subjected to pregnancy discrimination, understanding these principles is your first step toward protecting your career and your family.

Your Legal Protections: Federal and State Laws

Pregnancy discrimination is illegal under both federal and Nebraska state law. These protections are designed to ensure that pregnant employees are treated fairly and not penalized for their pregnancy, childbirth, or related medical conditions.

Federal Laws Protecting Pregnant Employees:

• 💡 The Pregnancy Discrimination Act (PDA): A crucial amendment to Title VII of the Civil Rights Act of 1964, the PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. It mandates that pregnant employees must be treated the same as other employees who are similar in their ability or inability to work. This applies to all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.
• ⚖️ The Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA): While pregnancy itself is not typically considered a disability, certain pregnancy-related conditions might be. Conditions like gestational diabetes, preeclampsia, or severe morning sickness, if they substantially limit a major life activity, could be covered under the ADA/ADAAA. If so, your employer may be required to provide reasonable accommodations.
• 👨‍👩‍👧 The Family and Medical Leave Act (FMLA): This act provides eligible employees with up to 12 workweeks of unpaid, job-protected leave per year for specific family and medical reasons, including the birth of a child and to care for the newborn, or for an employee's own serious health condition (which can include pregnancy-related conditions). The FMLA applies to employers with 50 or more employees within a 75-mile radius, and you must have worked for the employer for at least 12 months and 1,250 hours during the previous 12 months.

Nebraska State Law: The Nebraska Fair Employment Practice Act (NFEPA)

Nebraska has its own state law, the Nebraska Fair Employment Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48-1126), which mirrors many federal protections. The NFEPA prohibits employment discrimination based on sex, which includes pregnancy, childbirth, or related medical conditions. An important distinction to note is that the NFEPA also generally applies to employers with 15 or more employees, similar to Title VII. For state and local government entities in Nebraska, the NFEPA applies regardless of the number of employees.

• 📜 Similar Protections: The NFEPA offers protections similar to the PDA, ensuring that pregnant employees are not discriminated against in hiring, firing, pay, promotions, or other terms and conditions of employment.
• 🤝 Reasonable Accommodation for Pregnancy-Related Conditions: While federal law covers severe pregnancy-related conditions under the ADA, the NFEPA reinforces the employer's duty to accommodate pregnant workers. This aligns with the broader push to ensure pregnant employees are given necessary adjustments to continue working safely.

What Constitutes Pregnancy Discrimination? Common Scenarios

Pregnancy discrimination isn't always overt. It can manifest in subtle ways, making it crucial to recognize the signs. Here are some common forms it can take:

• 🚫 Refusal to Hire: An employer refuses to hire you specifically because you are pregnant or because they anticipate you will become pregnant soon.
• ❌ Termination or Demotion: You are fired, laid off, or demoted shortly after disclosing your pregnancy, requesting accommodation, or returning from maternity leave, despite satisfactory performance.
• 📉 Negative Performance Reviews: Receiving unwarranted negative performance reviews or being excluded from projects or training opportunities after your pregnancy is revealed.
• 🕰️ Forced Leave or Reduced Hours: Your employer forces you to take unpaid leave, reduces your hours, or places you on "light duty" against your will, even if you are capable of performing your job.
• 👨‍⚕️ Denial of Reasonable Accommodation: Your employer refuses to provide a reasonable accommodation for a pregnancy-related condition, even when similar accommodations are provided to employees with other temporary disabilities.
• 🗣️ Harassment: You experience offensive jokes, comments, or other inappropriate conduct related to your pregnancy, creating a hostile work environment.
• 🔄 Retaliation: Your employer takes adverse action against you (e.g., firing, demotion) because you reported pregnancy discrimination or requested a reasonable accommodation.

Hypothetical Case 1: The Nebraska Warehouse Worker

Imagine Sarah, a warehouse worker in Omaha, Nebraska, who primarily performs lifting and stocking duties. When she informs her employer she's pregnant, her doctor recommends she avoid heavy lifting for the remainder of her pregnancy. Sarah requests a temporary reassignment to a lighter duty role, such as inventory management or order processing, which her employer has available and often assigns to employees with temporary injuries. Her employer, however, denies her request, stating, "We can't have pregnant women doing light work; it sets a precedent." They instead insist she take unpaid leave. This scenario could be a clear case of pregnancy discrimination under the PDA and NFEPA, as Sarah is not being treated the same as other employees with similar limitations. If similar roles are available and given to others, denying them to Sarah due to her pregnancy is discriminatory.

Reasonable Accommodations for Pregnancy-Related Conditions

Under the ADA (for qualifying conditions) and potentially other laws like the PDA and NFEPA, employers may be required to provide reasonable accommodations for pregnant employees. These accommodations are modifications or adjustments that enable a qualified individual to perform the essential functions of their job.

Examples of common reasonable accommodations include:

1. ⏰ Modified Work Schedule: Allowing flexible hours to attend doctor's appointments or manage morning sickness.
2. 📦 Light Duty: Temporarily reassigning tasks that involve heavy lifting, standing for long periods, or exposure to hazardous materials.
3. 🪑 Ergonomic Adjustments: Providing a stool or ergonomic chair for an employee who typically stands.
4. 🥛 Additional Breaks: Permitting more frequent breaks for rest, water, or restroom use.
5. 💧 Access to Water and Restroom: Ensuring easy access to facilities, especially in roles that might otherwise restrict it.
6. 🔀 Temporary Reassignment: Moving to a different position for the duration of the pregnancy if the current role cannot be reasonably accommodated.

Your employer is generally expected to engage in an "interactive process" with you to determine effective accommodations, balancing your needs with the business's operational requirements. They cannot simply deny an accommodation without considering alternatives if one is available and reasonable.

Steps to Take if You Believe You've Been Discriminated Against

If you suspect you're a victim of pregnancy discrimination, taking swift and deliberate action is crucial. Here’s a roadmap:

1. 📝 Document Everything:
   • 🗓️ Keep a detailed log of dates, times, and descriptions of discriminatory incidents.
   • 📧 Save relevant emails, texts, voicemails, and internal memos.
   • 🗣️ Note down names of witnesses and what they observed.
   • 📄 Keep copies of your performance reviews, job descriptions, and any company policies related to leave, accommodations, or non-discrimination.
2. 📖 Review Company Policies: Familiarize yourself with your employer's policies on discrimination, harassment, reasonable accommodations, and parental leave. These can often be found in your employee handbook.
3. 🗣️ Attempt Informal Resolution (If Safe and Appropriate): If you feel comfortable, you might consider reporting the issue to HR or your supervisor (if they are not the perpetrator). This creates a formal record and gives your employer an opportunity to address the situation. However, if you fear retaliation or believe it won't be effective, proceed with legal counsel.
4. 📞 Contact an Employment Law Attorney: This is often the most critical step. An attorney specializing in employment law in Nebraska can assess the merits of your case, explain your rights, and guide you through the complex legal process. They can help you understand whether you have a viable claim and the best strategy to pursue it.
5. 🏛️ File a Charge with the EEOC or NEOC:
   • Federal law requires you to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) before you can sue your employer in federal court.
   • In Nebraska, you can also file a charge with the Nebraska Equal Opportunity Commission (NEOC). Since Nebraska is a "deferral state," the EEOC and NEOC have a work-sharing agreement, meaning filing with one generally cross-files with the other.

Key Deadlines: Don't Miss Them!

Strict deadlines, known as statutes of limitations, govern when you must file a charge or lawsuit. Missing these deadlines can permanently bar your claim, regardless of its merit. These are some of the most critical:

• ⏳ EEOC/NEOC Charge: You generally have 300 days from the date of the discriminatory act to file a charge with the EEOC or NEOC. This 300-day period applies in "deferral states" like Nebraska. For states without a deferral agency, the deadline is 180 days. This is a very short window, so prompt action is essential.
• 🗓️ FMLA Lawsuit: If your claim relates solely to FMLA violations, you generally have 2 years from the date of the last adverse employment action. This can be extended to 3 years if the employer's violation was willful.

An employment attorney can help you determine the precise deadlines applicable to your specific situation and ensure all filings are timely.

Possible Compensation and Damages

If your pregnancy discrimination claim is successful, you may be entitled to various forms of compensation. The specific damages awarded or settled upon will depend on the facts of your case, the severity of the discrimination, and the losses you incurred.

• 💵 Back Pay: This includes wages, benefits, and other compensation you lost from the date of discrimination until the date of a judgment or settlement.
• 💰 Front Pay: If reinstatement to your old job is not feasible, front pay compensates you for future lost earnings until you can secure a comparable position.
• 💔 Emotional Distress Damages: This compensates you for the non-economic harm you suffered, such as pain, suffering, inconvenience, mental anguish, and loss of enjoyment of life due to the discrimination.
• punitive damages: In cases where the employer's conduct was particularly malicious or reckless, punitive damages may be awarded to punish the employer and deter similar future conduct. These are typically capped under federal law based on employer size.
• ⚖️ Attorney's Fees and Costs: If you prevail, the court may order the employer to pay your attorney's fees and litigation costs.
• 🔙 Reinstatement: In some cases, you may be reinstated to your previous position or a comparable one.

Compensation Ranges in Nebraska (Hypothetical, for Illustrative Purposes Only):

It's challenging to provide exact figures as every case is unique, but based on typical awards and settlements in Nebraska and nationwide, you might consider the following very broad ranges:

• Small Settlements (e.g., minor back pay, limited emotional distress, early resolution): $10,000 - $50,000. These might cover lost wages for a few months and some emotional distress.
• Medium Settlements (e.g., significant back pay, moderate emotional distress, some litigation): $50,000 - $150,000. These often involve more substantial economic losses and measurable emotional harm.
• Larger Settlements/Awards (e.g., extensive economic losses, severe emotional distress, punitive damages, trial): $150,000 - $500,000+. These are typically reserved for egregious cases involving prolonged discrimination, severe impact on the victim's career, or particularly malicious employer conduct.

Remember, these are illustrative ranges. The actual value of a claim depends on many factors, including the strength of evidence, the employer's size, the specific damages incurred, and the jurisdiction. An attorney can provide a more tailored assessment.

Common Mistakes to Avoid

Even with a strong case, certain missteps can jeopardize your claim. Be mindful of these common mistakes:

• ⏱️ Delaying Action: The deadlines for filing charges are strict. Don't wait; consult an attorney as soon as possible.
• 🗑️ Not Documenting: Without a clear record, it becomes your word against your employer's, which can be difficult to prove.
• 🚶‍♀️ Quitting Prematurely: Resigning without legal advice can impact your ability to claim lost wages and may be seen as a failure to mitigate damages.
• 🤫 Discussing Your Case Broadly: Limit discussions about your situation to your attorney and, if necessary, trusted immediate family. Your employer could use casual conversations against you.
• 🚫 Failing to Respond to Employer Inquiries: Even if you feel wronged, it's generally best to engage with your employer's HR or management (ideally with legal guidance) regarding their policies or attempts to address your concerns.

Employer Responsibilities and Risks

Employers in Nebraska also have significant responsibilities regarding pregnancy discrimination. Failure to comply with federal and state laws carries substantial risks:

• 📋 Train Managers and Supervisors: Employers must ensure that those in leadership positions understand anti-discrimination laws and company policies.
• 📝 Implement Clear Policies: Having well-defined, accessible policies on discrimination, harassment, and accommodations is crucial.
• 🤝 Engage in Interactive Process: For accommodation requests, employers must engage in a good-faith interactive process with the employee.
• 🛡️ Prevent Retaliation: Employers must ensure that employees who report discrimination are protected from adverse actions.

The risks for employers who fail in these duties include substantial financial penalties (back pay, front pay, emotional distress, punitive damages, attorney fees), significant reputational damage, and decreased employee morale.

Hypothetical Case 2: Retaliation for Requesting Accommodation in Lincoln

Consider Maria, an accountant in Lincoln, Nebraska, who requests a flexible work schedule due to severe morning sickness. Her employer initially grants the request, but a few weeks later, Maria's supervisor starts assigning her significantly less challenging work, excludes her from important team meetings she previously attended, and gives her a lower performance review than usual, citing "lack of dedication" – a criticism that never arose before her request. When Maria questions this, she's told it's because she "can't handle the pressure anymore." This pattern of adverse actions following her accommodation request strongly suggests retaliation, which is also illegal under both federal and Nebraska law.

Conclusion: Don't Face Pregnancy Discrimination Alone

Pregnancy discrimination can be devastating, impacting your career, financial stability, and emotional well-being. However, you do not have to endure it silently. Both federal and Nebraska state laws provide robust protections designed to ensure you can build your family without sacrificing your professional life.

If you believe you have been subjected to pregnancy discrimination in a Nebraska workplace, the most critical step you can take is to seek legal counsel from an experienced employment law attorney. They can help you understand your rights, navigate the complex legal landscape, and advocate fiercely on your behalf to secure the justice and compensation you deserve. Remember, time is of the essence, so act promptly.

Disclaimer: This article provides general information about pregnancy discrimination laws in Nebraska and is not intended as legal advice. The information is for educational purposes only and should not be relied upon as a substitute for professional legal counsel. Laws are complex and may change, and the application of law to specific facts varies. You should consult with a qualified employment law attorney for advice regarding your individual situation.