You returned from maternity leave to find your position had been "restructured." Or maybe your manager's attitude shifted the moment you announced your pregnancy, and the demotions and pushed-out deadlines followed shortly after.
Whatever form it took, pregnancy discrimination at work is not only deeply personal, it is illegal, and you deserve an experienced Boston pregnancy discrimination lawyer in your corner.
At Greenberg Gross LLP, we represent employees in their most significant matters, including pregnancy discrimination claims across Massachusetts. Our trial-tested attorneys know what is at stake when your livelihood, your dignity, and your family's future are on the line.
If you believe your employer treated you unfairly because of your pregnancy, childbirth, or a related medical condition, we are here to listen and ready to fight for you. Call us today to discuss your case free and confidentially.
Start your journey towards justice today by scheduling your free claim consultation
Why Choose the Boston Pregnancy Discrimination Lawyers from Greenberg Gross LLP
Greenberg Gross LLP is not a general-practice firm that dabbles in employment law. Employment litigation is central to who we are and what we do. Our founding partners left one of the world's largest global law firms to build a practice built around a sense of mission, and that mission drives every case we take on.
Here is what sets us apart:
- Trial-tested representation: Most law firms settle early because they fear the courtroom. Our reputation for winning big at trial, including a $50 million verdict that inspired the firm's founding, often compels opposing parties to reach stronger settlement terms without a single day of trial.
- Recognized excellence: Our attorneys are recognized by Super Lawyers, AV Preeminent by Martindale-Hubbell, and the American Board of Trial Advocates (ABOTA). We have been featured in NBC News, Fox News, ABC News, CBS News, and more.
- Proven results: We have secured a $6.1 million judgment for whistleblower retaliation and a $10 million settlement for breach of oral contract, among many other significant outcomes for our clients.
- Personal attention: We offer the individualized focus and direct attorney access that large firms cannot match, combined with the litigation firepower of a nationally recognized practice.
We understand that taking legal action against an employer can feel daunting. We are here to walk with you through every step, explain your rights in plain language, and pursue the outcome you deserve. Call (617) 800-9199 to schedule a confidential consultation with our Boston pregnancy discrimination attorney team.
What Is Pregnancy Discrimination?
Pregnancy discrimination happens when an employer treats an employee or job applicant unfavorably because of pregnancy, childbirth, or a related medical condition. It can occur at any stage of employment and take many different forms.
Common examples include:
- Being passed over for a promotion after announcing a pregnancy
- Being demoted, reassigned, or pushed out following a maternity leave
- Receiving a negative performance review that did not occur before the pregnancy
- Being denied reasonable accommodations for pregnancy-related conditions
- Facing termination shortly after disclosing a pregnancy or returning from leave
- Experiencing hostile comments, exclusion from meetings, or changes in treatment from supervisors or coworkers
Discrimination is not always obvious. Sometimes it comes in subtle patterns that only become clear over time. Our Boston workplace discrimination attorneys know how to identify those patterns and build compelling cases from them.
Federal and Massachusetts Laws That Protect You
Both federal and Massachusetts law prohibit pregnancy discrimination, and Massachusetts law often provides stronger protections than the federal baseline.
Federal Protections
Federal law sets the nationwide floor for pregnancy discrimination protections, and several statutes work together to cover different aspects of your rights at work.
- The Pregnancy Discrimination Act (PDA) is a federal law that amended Title VII of the Civil Rights Act to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination. The PDA applies to employers with 15 or more employees.
- The Pregnant Workers Fairness Act (PWFA), which took effect in June 2023, went further by requiring covered employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related conditions, unless doing so would cause undue hardship. This is a significant expansion of workplace protections for pregnant employees.
- The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including pregnancy and childbirth.
Together, these federal laws establish meaningful baseline protections for pregnant workers, but Massachusetts employees are often entitled to even more.
Massachusetts Protections
Massachusetts law adds meaningful layers of protection for workers in the Commonwealth.
- The Massachusetts Pregnant Workers Fairness Act requires employers to provide reasonable accommodations for pregnancy-related conditions, including modified duties, leave, and schedule adjustments, without requiring employees to exhaust other forms of leave first.
- Massachusetts General Law Chapter 151B prohibits employment discrimination based on sex, which courts and the Massachusetts Commission Against Discrimination (MCAD) have interpreted to include pregnancy discrimination. It applies to employers with six or more employees.
- Massachusetts provides a three-year statute of limitations to file a complaint with the MCAD, giving employees more time to take action compared to the 300-day federal window for EEOC complaints.
Understanding which law applies to your situation, and how the protections under each interact, is one of the first things our Boston pregnancy discrimination attorneys will assess when you reach out to us.
Forms of Pregnancy Discrimination We Handle
Pregnancy discrimination can take many shapes across different stages of your employment. Our Boston pregnancy discrimination lawyers handle the full range of claims, including:
Hiring and Interview Discrimination
- Being asked about plans for children or pregnancy during the interview process
- Being rejected for a position after disclosing a pregnancy
- Receiving a conditional job offer that was later rescinded upon learning of a pregnancy
Workplace Accommodation Failures
- Denial of requests for modified duties during pregnancy
- Refusal to allow temporary schedule changes or remote work for pregnancy-related conditions
- Being forced to take unpaid leave instead of being offered a reasonable accommodation
Termination and Retaliation
- Being fired while pregnant or upon returning from maternity leave
- Being laid off in a "reduction in force" that disproportionately targeted pregnant or postpartum employees
- Facing retaliation after requesting accommodations or filing a complaint
Leave-Related Violations
- Being denied maternity leave you were entitled to
- Returning from FMLA or state leave to find your position eliminated or materially changed
- Being penalized or demoted for taking legally protected pregnancy-related leave
Each of these situations requires a careful review of the facts, the timeline, and the employer's actions and communications. Our attorneys conduct thorough investigations so that nothing is missed.
We can help assess the strength of your case
What Damages Can You Recover in a Pregnancy Discrimination Case?
Massachusetts employees who successfully pursue pregnancy discrimination claims may be entitled to significant compensation. Recoverable damages can include:
- Back pay: Lost wages and benefits from the time of the discriminatory act to the resolution of the case
- Front pay: Compensation for future lost earnings if reinstatement is not a viable option
- Emotional distress damages: Compensation for the mental anguish, anxiety, and harm to well-being caused by the discrimination
- Punitive damages: In cases involving particularly egregious employer conduct, courts may award additional damages intended to punish and deter the behavior
- Attorney's fees and costs: Prevailing employees may recover the cost of their legal representation under both federal and Massachusetts law
The specific damages available in your case will depend on the facts and the laws that apply. Our attorneys will assess your situation carefully and give you an honest picture of what pursuing a claim may look like.
The Pregnancy Discrimination Claims Process in Massachusetts
Understanding the basic process can help you feel more in control of your situation.
- Consult with an attorney: This is your most important first step. Our team will evaluate your claim, explain your rights, and help you understand your options without any obligation.
- File a complaint with the MCAD or EEOC: Before pursuing a lawsuit in court, Massachusetts employees typically must file an administrative complaint with the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission. There are strict deadlines, so acting promptly matters.
- Investigation and mediation: The agency will investigate your claim. Many cases are resolved through the agency process or mediation.
- Litigation: If the matter is not resolved administratively, you may have the right to remove the case to court and pursue a civil lawsuit. Our trial-tested attorneys are ready to represent you at every stage.
Timing is critical. Missing a deadline can affect your ability to pursue a claim. If you believe you have experienced pregnancy discrimination, do not wait to seek legal guidance.
FAQs Answered by a Boston Pregnancy Discrimination Lawyer
Here are answers to questions we often hear from employees who believe they have experienced pregnancy discrimination in the workplace.
Can my employer fire me while I am pregnant?
In Massachusetts, employers cannot legally terminate an employee because of a pregnancy. If the timing of a termination is connected to a disclosed pregnancy or a request for pregnancy-related accommodations, that can be evidence of unlawful discrimination.
However, employers can still terminate employees for legitimate, non-discriminatory reasons. Determining whether a termination was unlawful requires a careful review of the circumstances.
What is a reasonable accommodation for pregnancy, and does my employer have to provide one?
A reasonable accommodation is any modification to job duties, schedules, equipment, or workplace policies that allows a pregnant employee to perform the essential functions of her job. Massachusetts law requires employers to engage in a good-faith discussion about accommodations and to provide them unless doing so would cause the employer genuine hardship.
Common accommodations include modified lifting restrictions, schedule adjustments, and temporary remote work arrangements.
Does pregnancy discrimination law protect me even if I recently gave birth or am breastfeeding?
Yes. Protections under both federal and Massachusetts law extend beyond pregnancy itself to cover childbirth and related medical conditions, which courts have interpreted to include postpartum recovery and, in some circumstances, lactation. If you were treated differently because of postpartum medical needs or breastfeeding, you may have a valid claim.
What if I was discriminated against during the hiring process before I was even employed?
Job applicants are also protected against pregnancy discrimination. Employers cannot lawfully reject a candidate, rescind an offer, or classify an applicant differently because of pregnancy. If an interviewer's questions or an employer's actions suggest that a pregnancy influenced a hiring decision, that may form the basis of a discrimination claim.
How long do I have to file a pregnancy discrimination claim in Massachusetts?
Massachusetts employees generally have 300 days from the discriminatory act to file a complaint with the EEOC, and up to three years to file with the Massachusetts Commission Against Discrimination. Because these deadlines differ and depend on specific facts, speaking with an attorney as soon as possible is the best way to protect your rights.
What if I am afraid of retaliation for reporting pregnancy discrimination?
Retaliation for reporting pregnancy discrimination or requesting accommodations is itself unlawful under both federal and Massachusetts law. If your employer threatens, demotes, or takes any adverse action against you for asserting your rights, that retaliation may be an independent basis for legal action.
Our pregnancy discrimination attorneys in Boston take retaliation seriously and will factor it into your overall claim.
Speak With a Boston Pregnancy Discrimination Lawyer Today
Your pregnancy should never put your career at risk. When an employer crosses the line, you deserve attorneys who are prepared to hold them accountable with the full force of courtroom-tested litigation experience.
Greenberg Gross LLP has secured multi-million-dollar verdicts and settlements for employees across the country, including a $6.1 million judgment for whistleblower retaliation and a $10 million settlement for breach of an oral contract.
Our trial lawyers bring that same dedication and firepower to every employment discrimination case we handle, whether it settles at the negotiating table or goes before a jury.
Call our Boston office at (617) 800-9199 to schedule a free, confidential consultation. We are here to listen, answer your questions, and help you understand your options. You do not have to face this alone.