Nashville Pregnancy Discrimination Lawyer

Pregnancy Discrimination Attorney in Nashville, TN

If you’re a pregnant worker, federal and state laws protect you against pregnancy discrimination by an employer. Both federal and state laws also protect you if you were denied accommodation, placed on indefinite medical leave, or forced to quit due to a pregnancy. A Nashville pregnancy discrimination lawyer can help you understand what to do if you’re discriminated against due to your pregnancy. Contact Yezbak Law Offices to schedule a consultation and find out if you have a case.

Why Hire Yezbak Law Offices

If you’re looking to hire a pregnancy discrimination lawyer who’s familiar with both federal and Tennessee state laws, you’ve come to the right place. At Yezbak Law Offices, we offer critical legal support when you need it. With over 25 years of experience, we can help you understand your rights as a pregnant employee.

What Laws Address Pregnancy Accommodation and Discrimination in Nashville?

A recent report by the U.S. Bureau of Labor Statistics (BLS) reports that more than 56% of women participated in the labor force in 2021. It’s likely that some of these women became pregnant at some point during their employment, highlighting the importance of pregnancy discrimination laws, like the Tennessee Pregnant Workers Fairness Act.

Some federal laws address accommodations for and discrimination against pregnant employees in the state as well, including:

• The Pregnancy Workers Fairness Act (PWFA)
• The Pregnancy Discrimination Act (PDA)
• The Family and Medical Leave Act (FMLA)

Accommodations for Pregnant Workers

Tennessee Pregnant Workers Fairness Act (Effective October 1, 2020)

Tennessee law requires employers with 15 or more employees to provide reasonable accommodations for an employee’s or applicant’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer.

The Tennessee law also prohibits employers from:

• Forcing a pregnant employee to take leave if another reasonable accommodation is available
• Taking adverse action against an employee for requesting or using a pregnancy-related accommodation
• Penalizing pregnancy-related absences under “no-fault” attendance policies

Claims under the Tennessee Pregnant Workers Fairness Act are generally brought in Tennessee state court and are subject to shorter filing deadlines than federal claims.

Federal Pregnant Workers Fairness Act (Effective June 27, 2023)

The Federal Pregnant Workers Fairness Act (PWFA) applies nationwide to covered employers and requires reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, even if the condition does not qualify as a disability under the ADA.

Unlike earlier federal law, the PWFA:

• Explicitly requires an interactive process to identify appropriate accommodations
• Prohibits employers from forcing a pregnant worker onto leave if another accommodation would allow them to keep working
• Protects employees who temporarily cannot perform certain job functions, if those limitations can be reasonably accommodated

Federal PWFA claims are typically enforced through the EEOC and follow federal administrative and court procedures.

Under the PWFA and the state law equivalent, you can seek “reasonable accommodations” – which are changes in the work environment or the way things are done at work to accommodate your pregnancy-related needs. Some examples of possible reasonable accommodations under these laws include:

• Temporary reassignment or suspension of job duties;
• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
• Changing food or drink policies to allow for a water bottle or food;
• Changing equipment or workstations, such as providing a stool to sit on, or a way to do work while standing;
• Changing a uniform or dress code or providing safety equipment that fits;
• Changing work schedule (such as shorter hours, part-time work, or a later start time);
• Work from home;
• Leave for health care appointments;
• Light duty or help with lifting or other manual labor; or
• Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.

Employers may not have to provide a reasonable accommodation under the PWFA or the state law if it causes the employer an undue hardship. “Undue hardship” means significant difficulty or expense. If you have requested an accommodation and your employer has refused to provide it, consult an experienced employment lawyer to help you

You Are Entitled to an Interactive Discussion About Accommodations

Under the PWFA and the state equivalent, pregnant employees must request an accommodation, but there are no special words required. You (or someone speaking for you) only need to tell your supervisor or Human Resources that, because of pregnancy, childbirth, or a related medical condition, you need a change at work.

According to the EEOC, statements like these can qualify as accommodation requests:

• “I’m having trouble getting to work on time because of morning sickness.”
• “I need more bathroom breaks because I’m pregnant.”
• “I need time off for pregnancy-related medical appointments.”

Once a request is made, the employer must engage in a good-faith interactive process to discuss possible accommodations.

Medical Documentation Rules

An employer may request medical documentation in limited circumstances. When required, documentation can come from many types of health-care providers and must only:

• Confirm the medical condition,
• State that it is pregnancy-related, and
• Explain what workplace change is needed.

Medical information must be kept confidential. However, employers cannot require documentation when the need for accommodation is obvious, when the accommodation is virtually always reasonable, when the request involves lactation or pumping, or when sufficient information has already been provided. Employers also cannot demand repeated doctor’s notes for ongoing pregnancy-related limitations.

Discrimination Against Pregnant Workers

The Pregnancy Discrimination Act

The PDA of 1978 was enacted to prohibit discrimination in the workplace against women who are pregnant, have recently given birth, or have pregnancy-related medical conditions. It prohibits employers from:

• Refusing to hire a pregnant employee unless they are unable to perform the vital functions of their job
• Discriminating in pay based on pregnancy
• Requiring pregnant women to go through medical clearance procedures that other disabled employees are not required to go through
• Firing or laying off an employee based on pregnancy

If a pregnant employee can’t perform major job duties for a while due to pregnancy, the law requires their employer to treat them the same as any other employee who becomes temporarily disabled.

The Family and Medical Leave Act

Under the FMLA, a covered employer must provide eligible employees with unpaid leave for childbirth, recovery, and certain other pregnancy-related reasons. The leave period may be up to 12 weeks and is considered job-protected, meaning the employer cannot fire the employee while they are on leave.

Your employer also cannot require you to first use up your sick days before being eligible for FMLA, unless they require this of all employees.

Employees must meet certain requirements to qualify for FMLA leave. For example, you must have been employed by a covered employer for 12 months or more and have worked 1,250 hours or more within the past 12 months. If you aren’t sure whether you qualify, consult with our Nashville pregnancy discrimination attorney.

Examples of Pregnancy Discrimination

In 2024, there were 103 pregnancy discrimination charges filed with the Equal Employment Opportunity Commission against employers in Tennessee. Pregnancy discrimination can include a wide range of actions, including:

• Harassing or creating a hostile work environment
• Denying pregnant workers the accommodations or benefits afforded to employees with other medical conditions
• Transferring a pregnant employee to an unwanted location or position
• Demoting or firing an employee because they’re pregnant
• Refusing to hire an applicant because they’re pregnant

Employers who violate pregnancy discrimination laws could face fines, reputational damage, and potential compliance monitoring. They may also have to pay back pay, reinstate pregnant workers who were wrongfully terminated, and potentially face private lawsuits seeking damages.

When to Hire a Pregnancy Discrimination Lawyer in Nashville, TN

It is advisable to hire a lawyer as soon as you suspect you are not being treated fairly or lawfully by your employer due to your pregnancy. It is important to gather any evidence of adverse treatment or misconduct, especially incidents that occurred right after informing your employer of your pregnancy.

Our lawyers can assist you with filing a discrimination claim with the Civil Rights Enforcement Division of the Tennessee Attorney General’s Office in Nashville or the U.S. Equal Employment Opportunity Commission (EEOC). We can even assist with taking your case to court if you obtain a Right-to-Sue notice. You may be entitled to compensation or reinstatement if you were wrongfully terminated.

FAQs About Nashville, TN Pregnancy Discrimination Laws

Can I Get an Accommodation at Work for My Pregnancy-Related Needs Even If It’s a Normal, Noncomplicated Pregnancy?

Until the PWFA and the state law equivalent, only those who experienced serious complications or who had similar limitations to those experienced by people with workplace injuries were entitled to accommodation.  Now, under both state and federal law, all pregnancies, even normal, uncomplicated ones, are entitled to accommodation. This protection lasts for the entire duration of your pregnancy and beyond.

Does My Employer Have to Give Me the Specific Pregnancy-Related Accommodation I Asked For?

No. All accommodations must be addressed through the interactive process. Employers may not force a pregnant employee to accept a specific accommodation—or take medical leave—if another reasonable accommodation would allow the employee to keep working.

Employees are not always entitled to their preferred accommodation, but employers must choose an effective option that does not impose an undue hardship.

How Do You Prove Pregnancy Discrimination in Nashville?

To prove pregnancy discrimination in Nashville, collect as much direct and circumstantial evidence as you can, including statements, emails, or documentation of discrimination after the announcement of your pregnancy. Share with a lawyer the name and contact information of  anyone who witnessed the discrimination.  It’s vital to show that your employer’s adverse actions were due to your pregnancy.

What Is the Average Settlement for Pregnancy Discrimination in Nashville?

The settlement amounts for pregnancy discrimination can widely vary based on many factors, including the specific discriminatory act or acts and the amount of compensation, if any, that was lost. A lawyer from our firm can assess your case to estimate how much you can potentially recover in a settlement, but there are no guarantees.

Is It Challenging to Win a Pregnancy Discrimination Case?

Winning a pregnancy discrimination case can potentially be challenging, depending on how much direct or circumstantial evidence you have. Cases with strong documentation and witness testimonies tend to be easier to win than those lacking clear evidence. Our legal team can help you understand whether you have a strong case and advise you on how to collect evidence.

What Qualifies as Pregnancy Discrimination?

Any employer action that involves the unfavorable treatment of an employee or applicant based on pregnancy, recent childbirth, or medical conditions related to pregnancy can qualify as pregnancy discrimination. This includes firing, demoting, or refusing to hire someone based solely on their pregnancy. It also includes refusing to offer reasonable accommodations to a pregnant worker.

Hire an Experienced Nashville Pregnancy Discrimination Attorney

Navigating pregnancy discrimination laws can be confusing. It helps to have someone on your side who understands the law and knows how to build a pregnancy discrimination case for you. Yezbak Law Offices is conveniently located just six miles from downtown Nashville. Contact our legal team to schedule a confidential initial consultation and learn how we can help you build a pregnancy discrimination case.