Evidence Needed in Pregnancy Discrimination Cases 

Building a Strong Case Starts with the Right Proof

Getting pushed out of your job while you’re pregnant hurts in ways a spreadsheet can’t show. Your income wobbles, your plans shift, and stress shows up when you least need it. 

New York law, and federal law, give you solid protection, but employers rarely say the quiet part out loud. They don’t write “we fired you because you’re pregnant.” That’s why your case starts and ends with evidence.

Our pregnancy discrimination attorneys at Horn Wright, LLP, help workers across New York, Maine, New Hampshire, Vermont, and New Jersey collect the right proof and use it the right way. Each state brings its own twist. 

New York’s Human Rights Law is broad and supports lost wages and emotional distress awards. New Jersey’s Law Against Discrimination can be even more generous, including fee shifting. Maine tightens filing deadlines, New Hampshire caps certain damages, and Vermont often recognizes wider emotional harm. 

Wherever you are, we’ll help you turn your story into a claim that stands up. Call (855) 465-4622 and we’ll start mapping the evidence, preserving deadlines, and building momentum, so you can focus on your health and your family.

Why Evidence Is the Heart of Your Case

Pregnancy discrimination is usually subtle. Employers cite “performance,” “budget,” or “restructuring,” and hope those words shut the door. Evidence reopens it. It ties what happened to when it happened and to your pregnancy.

New York State's Human Rights Law and Pregnant Workers Fairness Act protect you. Federal laws—Title VII of the Civil Rights Act and the Pregnancy Discrimination Act, plus the FMLA—add more coverage. To enforce those rights, you’ll need proof that connects the dots: disclosure, change in treatment, and adverse action.

Strong evidence changes outcomes. It convinces investigators at the Equal Employment Opportunity Commission (EEOC) or NYSDHR, pushes employers toward fair settlements, and holds up in court. In short, evidence turns what you lived through into a winnable case.

Types of Evidence That Can Prove Pregnancy Discrimination

Evidence comes in many forms. One piece tells a story; several pieces tell the truth. Your goal is to stack consistent, time-stamped proof until the pattern is impossible to ignore.

• Documents and emails. Written messages that reference your pregnancy, switch your schedule, or suddenly enforce new rules show intent in black and white. They’re time-stamped and specific, which makes them hard to explain away. Keep copies off your work devices to protect access if your login changes.
• Performance reviews. Solid reviews before your pregnancy disclosure followed by sudden “issues” raise a giant red flag. That shift suggests your work stayed the same but your employer’s attitude changed. Line these up by date so the contrast is crystal clear.
• Termination letters or HR notes. Official paperwork often reveals more than it should, especially when timing is tight. Even neutral wording can look very different next to your timeline. Keep every version you receive, including drafts and emails attaching the letter.
• Company policies. Handbooks and accommodation policies matter. If the employer ignores state accommodation requirements or applies rules inconsistently, that supports your claim. Save policy versions and note when they changed and for whom.

Witness Testimony and Why It Matters

Coworkers often see what managers won’t admit. They notice who gets pulled from projects, who gets written up, and who suddenly stops getting invited to meetings. When they speak up, your story gains backup.

Witness accounts make your claim harder to dismiss. If others heard biased remarks or watched duties shift right after you shared the news, the “coincidence” argument falls apart. Consistent stories from different people are powerful in negotiations and even more persuasive in court.

You don’t have to collect statements on day one. Start by listing names, what they observed, and how to contact them. Your employment law attorney can handle the outreach and make sure everything is documented properly.

Using Medical Records to Support Emotional Distress

Discrimination doesn’t only drain your bank account. It can affect your health, too. During pregnancy, stress hits harder. Medical documentation connects those dots in a way decision-makers respect.

• Doctor’s notes. Notes tying workplace stress to high blood pressure, insomnia, or complications create a direct link. They show the harm was physical. Ask your provider to be specific about timing and triggers where appropriate.
• Therapist records. Counseling notes that reference anxiety, depression, or trauma tied to job loss help prove emotional distress. They translate your experience into clinical terms agencies and courts recognize. Keep treatment dates aligned with your timeline for clarity.
• Prescriptions or treatment plans. Medication and referrals show ongoing impact, not just a rough week. They add weight to your claim and show the harm didn’t disappear overnight. Save pharmacy printouts and after-visit summaries as part of your file.

Timelines and Patterns of Behavior

Timelines turn scattered moments into a pattern. You disclose your pregnancy. A week later, the write-ups begin. A month later, your hours are cut. Soon after, you’re pushed out. Each step might sound “reasonable” alone; together, the sequence tells the real story.

Patterns reveal intent. When the only thing that changed was your pregnancy status, timing speaks loudly. Agencies and courts take that sequence seriously, especially when your documents and witnesses line up.

Build your timeline as you go. Capture dates of conversations, emails, meeting invites, schedule changes, and performance notes. The clearer the order of events, the stronger your case.

Agency Complaints and Employer Responses

Filing with the EEOC or the New York State Division of Human Rights (NYSDHR) creates a formal record and forces your employer to respond. That back-and-forth often surfaces inconsistencies that help you.

• Your initial filing. The complaint you submit becomes a formal statement of what happened. It preserves your perspective in writing and starts the legal process. That document sets the stage for everything that follows, and it’s one of the first places investigators look. It shows that from the very beginning, you took action to stand up for yourself.
• Employer’s response. When the company responds, they may contradict themselves or offer weak excuses. Those responses can expose the truth and strengthen your case. Sometimes their own words highlight inconsistencies that reveal discrimination. And once they’ve put it in writing, they can’t easily backtrack.
• Agency findings. If investigators find probable cause for discrimination, that conclusion carries weight. It gives your case momentum and pressures the employer to settle. Employers know agency findings aren’t easy to dismiss, which can tip negotiations in your favor. Having that stamp of credibility from an independent investigator makes your claim harder to ignore.

Employment Attorneys Helping You Build a Rock-Solid Case

You deserve a process that feels manageable and a result that actually helps you move forward. 

We’ll help you gather records, organize timelines, and pull in witnesses, then frame the story through the lens of NYSHRL, the Pregnant Workers Fairness Act, Title VII/PDA, the FMLA, and the procedures at EEOC/NYSDHR. Our job is to turn your stack of proof into a strategy that lands.

Our pregnancy discrimination attorneys at Horn Wright, LLP, know how to request internal records, question decision-makers, and keep pressure on the other side. Most of all, we keep you informed so you feel in control at every step.

Ready to move from “something’s wrong” to a case that gets results? We stand with employees like you. Reach out to our team today to discuss your case.