South Carolina’s Lawyer for Pregnancy Discrimination

Pregnancy should not cost you your job.

Federal law prohibits employers from discriminating against employees because of pregnancy, childbirth, or related medical conditions. Yet pregnancy discrimination remains a common workplace issue. Employees sometimes find themselves pushed out after announcing a pregnancy, denied promotions, subjected to increased scrutiny, or terminated shortly before taking leave.

If you believe your employer treated you unfairly because of your pregnancy, you may have legal rights. Summerlin Law represents employees throughout South Carolina in workplace discrimination matters, including pregnancy discrimination claims.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition.

The law generally prohibits employers from making employment decisions based on pregnancy. Employers cannot refuse to hire someone because she is pregnant, terminate an employee because of a pregnancy, or treat pregnant employees less favorably than other employees in similar circumstances. Federal law also provides protections for mothers who need to pump breast milk at work. [Read More: Can South Carolina Employees Pump Breast Milk at Work?]

Pregnancy discrimination claims can arise in hiring, promotions, discipline, leave decisions, accommodations, and termination. [Read more: Pregnancy Discrimination for South Carolina Employees]

Examples of Pregnancy Discrimination

Pregnancy discrimination can take many forms. Examples may include:

• Firing an employee after she announces her pregnancy
• Refusing to hire a qualified applicant because she is pregnant
• Passing over a pregnant employee for a promotion
• Reducing an employee’s hours after learning she is pregnant
• Forcing an employee to take leave when she is able to work
• Denying opportunities based on assumptions about future childcare responsibilities
• Treating pregnant employees less favorably than other employees with temporary medical restrictions

Not every negative employment action is unlawful discrimination. However, when problems begin shortly after an employer learns of a pregnancy, employees should pay close attention to the reasons being given for those decisions.

Pregnancy Accommodations and the Pregnant Workers Fairness Act

Many pregnant employees need temporary workplace accommodations during pregnancy.

In 2023, Congress enacted the Pregnant Workers Fairness Act (PWFA), which generally requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and related medical conditions unless doing so would create an undue hardship.

Common accommodations may include modified duties, additional breaks, temporary lifting restrictions, schedule changes, or other workplace adjustments.

For a more detailed discussion of these rights, see my articles on South Carolina’s Pregnancy Accommodations Act and the Pregnant Workers Fairness Act.

Pregnancy Leave and FMLA Rights

Pregnancy-related legal issues often overlap with the Family and Medical Leave Act (FMLA).

Eligible employees may be entitled to take protected leave for pregnancy, childbirth, and bonding with a new child. Employers generally cannot interfere with an employee’s FMLA rights or retaliate against an employee for taking protected leave.

In many cases, a pregnant employee may have potential claims under both discrimination laws and the FMLA.

Retaliation After Announcing a Pregnancy

One of the most common concerns I hear from employees is that everything changed after they informed their employer they were pregnant.

A previously strong employee suddenly begins receiving criticism. Performance issues appear for the first time. Disciplinary write-ups follow. Hours are reduced. Termination occurs shortly before leave would begin.

While timing alone does not prove discrimination, a close connection between a pregnancy announcement and an adverse employment action may be important evidence in a pregnancy discrimination case.

What Should I Do If I Believe I Have Experienced Pregnancy Discrimination?

If you believe your employer discriminated against you because of pregnancy, it is important to preserve evidence and act promptly.

Save emails, text messages, accommodation requests, performance evaluations, disciplinary records, and other documents that may help explain what occurred. Employment discrimination claims are also subject to strict filing deadlines (300 days), so waiting too long can jeopardize your rights.

Speak With a South Carolina Pregnancy Discrimination Lawyer

If you believe your employer treated you unfairly because of pregnancy, childbirth, or a related medical condition, Summerlin Law may be able to help.

I represent employees—not employers—in workplace discrimination matters throughout South Carolina. To discuss your situation, contact me today at (864) 278-5389 or via the Contact page.