Are You a Victim of Pregnancy Discrimination in the Workplace? We Can Help
Starting a family is a big decision, and whether your pregnancy is planned or a happy accident, you have rights as a pregnant woman and employee in the state of California. Below, our pregnancy discrimination attorneys in Los Angeles discuss pregnancy discrimination at work and pregnant employee rights. If you feel you have faced pregnancy discrimination in the workplace, contact our firm today.
What Is Pregnancy Discrimination?
Pregnancy discrimination is the unfavorable treatment of an employee or job applicant based on pregnancy or the ability to become pregnant. Pregnancy discrimination in the workplace can take many forms and can come at any stage in a woman’s pregnancy. Examples of acts of discrimination are:
- Refusing to hire a candidate because of pregnancy
- Denying pregnant employees assignments or promotions based on their pregnancy status
- Failing to provide reasonable accommodations
- Firing (wrongful termination) or demoting a pregnant employee
- Harassing an employee for being pregnant
- Failing to reinstate an employee after maternity leave
- Retaliating (workplace retaliation) against a pregnant employee for being pregnant
What Is Pregnancy Harassment?
The California Department of Fair Employment and Housing (DFEH) implemented regulations to ensure that employers take the necessary steps to promote fairness in the workplace. In addition, DFEH punishes employers when they are not acting lawfully.
Under the Fair Employment and Housing Act (FEHA), DFEH outlines unacceptable actions. These actions are forms of workplace harassment. Unlawful actions include harassment related to and/or based on:
- Sex or gender
- Childbirth
- Breastfeeding
- Combination of factors related to those listed above
Pregnancy harassment is illegal when it is:
- Severe enough to create a hostile work environment
- Interferes with an individual’s ability to perform their essential job functions
- Motivated by gender and/or pregnancy
Punishable harassment is not only limited to the employee’s coworkers and employer. It also applies to other individuals that the employee comes into contact with while on the job.
Is Pregnancy a Protected Class?
The Pregnancy Discrimination Act (PDA) prohibits the discrimination of women based on pregnancy, childbirth, or a related condition as a result of either of these experiences. Employers are not allowed to fire, demote or harass an employee due to pregnancy.
An employer may transfer a pregnant employee to a new position. But, it must show that the new position better suits the employee. In addition, the transfer cannot result in lower pay for the employee. This allows the employer to accommodate you throughout your pregnancy. However, it also ensures that you do not receive a wrongful demotion.
Pregnancy Laws in the Workplace
As a pregnant employee in California, you have rights. You have the right to take time off due to your pregnancy. And, it is illegal for your employer to discriminate against you as a result of this leave. California’s Pregnancy Disability Leave Law (PDLL) requires employers to provide women as many as four months of disability leave if the employee is disabled as a result of her pregnancy or childbirth. You can use this leave all at once or sporadically. However, there are guidelines that employees must fall under in order to qualify for this leave. Your healthcare provider can determine whether you are unable to work as a result of your pregnancy.
The California Family Rights Act (CFRA) also requires some employers to provide pregnant employees an additional 12 weeks of leave after the employee has given birth. This requirement applies to employers who employ more than 50 people. But, it is also dependent on how many hours the employee worked in the year prior to the birth of the child.
Steps to Take if You Believe You Are a Victim of Pregnancy Discrimination in California
If you believe you are a victim of pregnancy discrimination in California, there are several steps you can take:
- Keep Records: Document any discriminatory behavior or comments, including the date, time, location, and names of any witnesses. This documentation can be helpful if you decide to file a complaint or lawsuit.
- Notify Employer: Notify your employer about the discrimination you are experiencing. Your employer may have policies and procedures in place to address discrimination, and they may be willing to resolve the issue without litigation.
- File a Complaint: If speaking with your employer does not resolve the issue, you may need to file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). You must file the complaint within a certain amount of time after the discriminatory act. The DFEH or EEOC will investigate your claim and may file a lawsuit on your behalf if they find evidence of discrimination.
- Contact an Attorney: It is a good idea to consult with an experienced Los Angeles employment law attorney who can advise you on your rights and options. An attorney can help you navigate the legal process and can represent you in negotiations or in court.
- Consider Your Options: Depending on the circumstances of your case, you may be entitled to compensation for lost wages, benefits, and emotional distress. You may also be entitled to reinstatement, promotion, or other forms of relief. Your pregnancy discrimination attorney can help you understand your options and determine the best course of action.
How a Los Angeles Pregnancy Discrimination Lawyer From Our Law Firm Can Help
If you believe you are a victim of pregnancy discrimination in California, a qualified lawyer can provide you with the legal expertise and support you need to protect your rights and seek justice. Our Los Angeles pregnancy discrimination lawyers can help you in many ways, including:
- Evaluating Your Claim: We can help you evaluate your claim and determine whether you have a strong claim for pregnancy discrimination.
- Advising You on Your Rights: Our lawyers can advise you on your legal rights and options, including the various state and federal laws that protect pregnant employees from discrimination.
- Collecting Evidence: We can help you gather evidence to support your claim, including documents, emails, and witness statements.
- Filing a Complaint: We can help you file a complaint with the DFEH or the EEOC, as well as other administrative agencies that handle pregnancy discrimination claims.
- Negotiating with Employers: We can negotiate with your employer to try to resolve your claim without going to court. This can include seeking reinstatement, back pay, benefits, and other forms of relief.
- Representing You in Court: If your case goes to court, a lawyer from our law firm can represent you and advocate for your rights. This includes filing legal documents, conducting depositions, and presenting evidence and arguments in court.
- Providing Emotional Support: Pregnancy discrimination can be emotionally challenging. Our law firm can provide you with emotional support and help you navigate the process with confidence.
California law provides strong protections against pregnancy discrimination, and it is important to take action if you believe you are being discriminated against. Taking proactive steps can help protect your rights and ensure that you receive the compensation and justice you deserve.
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Facing Pregnancy Discrimination at Work? Call Our Los Angeles Pregnancy Discrimination Lawyer Now
Are you on disability leave or leave after the birth of your child? Regardless, your employer must provide you with health insurance even while you are not working. Do you feel you have been a victim of pregnancy discrimination in the workplace? Then, contact us today. Our discrimination attorneys in Los Angeles can answer your questions about your pregnancy discrimination case and help you understand your legal options. You may have a viable claim to pursue a pregnancy discrimination lawsuit. Call us at (310) 919-0091 to get started.