Gender and Pregnancy Discrimination

The Law Offices of Kevin J. Dolley represents employees, management and employers in sex and pregnancy discrimination cases in Missouri and federal courts.  Title VII of the Civil Rights Act of 1964, as well as state and local laws, protect individuals against employment discrimination on the basis of sex and pregnancy discrimination. It is unlawful to discriminate against any employee or applicant for employment because of his or her sex in regard to hiring, termination, promotion, compensation, job training, or any other terms, conditions or privileges of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex and pregnancy. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex.

The Law Offices of Kevin J. Dolley's Victory Before the Missouri Supreme Court
A Seminal Change in Missouri Gender and Pregnancy Discrimination Law

In 2007, the Law Offices of Kevin J. Dolley argued before the Missouri Supreme Court and won adoption of the most current standard of discrimination law in Missouri in the seminal case, Daugherty v. City of Maryland Heights.  Under Missouri law, the determination of whether an employee was discriminated against based upon sex or pregnancy discrimination is analyzed by determining whether there is evidence that a “contributing factor" in the employer taking an employment action against the employee was discrimination based upon the employee’s sex or pregnancy status. 

Filing of Charges of Sex Discrimination

Although most sex discrimination claims are filed by women, Title VII prohibits discrimination based on gender and sometimes claims are filed by men. In addition to Title VII, sex discrimination claims are commonly filed under two other federal laws - the Pregnancy Discrimination Act (PDA) and the Equal Pay Act (EPA).  Women making claims of a “glass ceiling” preventing promotion are also able to file a claim under the Equal Pay Act.  

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities.

An employer cannot refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of the job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers. If an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her in the same as any other temporarily disabled employees. An employer may not implement a rule that prohibits women from returning to their jobs after a predetermined period of time following pregnancy.

The Lilly Ledbetter Fair Pay Act

The Lilly Ledbetter Fair Pay Act changes when the statute of limitations begins for a worker to claim pay discrimination under Title VII and the Age Discrimination in Employment Act (ADEA).  The law declares that an unlawful employment practice occurs not only when a discriminatory pay decision or practice is adopted but also when the employee becomes subject to the decision or practice, as well as each additional application of that decision or practice. In other words, each time compensation is paid to the employee a potentially discriminatory act occurs subjecting the employer to potential liability.

Contact our Labor and Employment Law Firm

To set up a consultation, please contact Attorney Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.  For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.