In 1978, Congress expanded the Civil Rights Act of 1964 to include the Pregnancy Discrimination Act (PDA). This expansion was a response to two unfavorable Supreme Court rulings in the 1960s. Now, our attorneys continue this fight for the rights of pregnant workers. If you are experiencing signs of pregnancy discrimination in the workplace, then a Los Angeles pregnancy discrimination lawyer will help you review your options during a free consultation.
What Does the Pregnancy Discrimination Act Cover?
The Civil Rights Act of 1964 is a comprehensive piece of legislation. Under it, title VII section 703 prohibits discrimination in the workplace on the basis of sex. However, until the Pregnancy Discrimination Act, this did not include provisions for pregnancy. Fortunately, Congress took action and expanded the term “on the basis of sex” to include “on the basis of pregnancy, childbirth or other related medical conditions.”
This means that pregnant workers must receive the same treatment as non-pregnant workers. For example, employers cannot make hiring or firing decisions based on pregnancy. Further, employers cannot alter a pregnant worker’s pay, position or benefits packages on the basis of their pregnancy status.
It is important to recognize all of the situations that the term “pregnancy” covers under this legislation. The provisions above include pregnancy-related conditions, such as childbirth and various medical needs. They also include situations where a person intends to become pregnant. Finally, these provisions apply to workers who were pregnant in the past. Therefore, employers are not allowed to discriminate against their employees for any of the aforementioned reasons.
What Are the Signs of Pregnancy Discrimination?
If you are pregnant or intend to become pregnant, then it is important to know your rights. If you notice any of the following signs of pregnancy discrimination, then contact our office today.
- During the hiring process, an employer asks you whether you are pregnant or intend to become pregnant;
- After learning of your pregnancy, or intention to become pregnant, your employer terminates your employment or reassigns you to a different department;
- After learning of your pregnancy, or intention to become pregnant, your employer bypasses you for a promotion;
- Your employer alters your work schedule, assignments or tasks after learning of your pregnancy or due date;
- You are compelled or encouraged to take time off for pregnancy-related reasons by your employer;
- Your employer fails to communicate with you, or replaces you, during your maternity leave;
- You face retaliation from your employer after filing a pregnancy discrimination complaint or charge.
Any of the above signs may indicate that your employer, or potential employer, is behaving unlawfully. However, it is sometimes difficult to determine whether actions taken by an employer reflect discrimination or standard procedure. A trained attorney will be able to clearly assess your case based on the provided evidence.
Contact a Los Angeles Pregnancy Discrimination Lawyer Today
Unfortunately, even in 2020, pregnancy discrimination in the workplace is a common occurrence. However, since the pregnancy discrimination amendment was passed, many have been able to fight for and secure their rights.
For those with questions, you should discuss your case with an experienced attorney as early as possible. If your case is valid, then you will need to file a complaint within the appropriate statute of limitations.
Further, you will want to comply with any state and federal laws which apply to your case. Lastly, you will want to know your rights. The above provides a rough sketch of your federal rights, but other federal and state laws may apply to your case.
Fortunately, our attorneys can guide you throughout the entire process. If you have noticed signs of pregnancy discrimination or pregnancy harassment, then do not hesitate to contact our lawyers at Yadegar, Minoofar & Soleymani LLP today for a free consultation. Call us at (310) 919-0091 or contact us online.