Experiencing Harassment Due to Your Pregnancy?
A Los Angeles Pregnancy Harassment Lawyer Is Here to Answer Your Questions
Expectant mothers are often excited about the arrival of a new baby. However, their employers and coworkers may not share the same level of enthusiasm. They may feel angry about taking on more responsibilities while the new parent is on leave. These feelings of resentment are often expressed to the pregnant employee in the form of harassment. A Los Angeles pregnancy harassment lawyer will help you file a complaint and pursue the appropriate legal remedies.
The attorneys at Yadegar, Minoofar & Soleymani LLP have decades of experience protecting pregnant employees from harassment and discrimination. If you are currently experiencing pregnancy harassment in the workplace, then you should obtain legal representation as soon as possible. Our Los Angeles pregnancy harassment law firm has compiled a list of frequently asked questions, along with answers to each question.
California Pregnancy Harassment Frequently Asked Questions
- What Constitutes Pregnancy Harassment?
- How Do I Prove That I Am the Victim of Pregnancy Harassment?
- Does Pregnancy Harassment Count As Sexual Harassment?
- What Are Prohibited Examples of Pregnancy Harassment?
- What Federal and State Statutes Protect Me From Pregnancy Harassment?
- What Should I Do If I Experience Pregnancy Harassment at Work?
What Constitutes Pregnancy Harassment?
The Fair Employment and Housing Act (FEHA) prohibits the harassment of any employee who is pregnant, gives birth or requests leave associated with the pregnancy. Pregnancy harassment is treated similarly to other forms of harassment. If the harassment is severe or pervasive and interferes with the employee’s work performance, then it is unlawful. However, minor or isolated incidences of pregnancy harassment may not have a claim.
How Do I Prove That I Am the Victim of Pregnancy Harassment?
To prove that you are the victim of pregnancy harassment, you must have evidence that demonstrates each of these elements:
- Your harassment was based on being pregnant.
- The harassment was offensive and unwelcome.
- The harassment was either severe or pervasive.
- Your work performance was affected by the harassment.
Does Pregnancy Harassment Count As Sexual Harassment?
Yes. Harassment does not have to be sexual in nature to count as sexual harassment. Harassment due to pregnancy is prohibited under FEHA and is treated similarly to other forms of sexual harassment in the workplace.
What Are Prohibited Examples of Pregnancy Harassment?
Prohibited examples of pregnancy harassment include frequent or severe:
- Inappropriate touching
- Name calling
- Offensive jokes
- Lewd comments about weight or appearance.
Employers, supervisors and coworkers are prohibited from engaging in pregnancy harassment under California and federal law. A Los Angeles pregnancy harassment attorney will help you gather evidence that proves each element of pregnancy harassment.
What Federal and State Statutes Protect Me From Pregnancy Harassment?
Both the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) prohibit harassment based on pregnancy or pregnancy-related medical conditions. These federal statutes apply to employers throughout the United States and are designed to provide pregnant employees with basic protections.
FEHA prohibits California employers from harassing an employee who is pregnant, gives birth or requests leave associated with the pregnancy. This California statute applies to public and private employers, labor organizations and employment agencies.
What Should I Do If I Experience Pregnancy Harassment at Work?
If you experience pregnancy harassment at work, then you should begin by filing a written complaint with your employer. A written complaint can be used as evidence proving that your employer was notified of the harassment and had ample time to address the issue.
If the harassment continues, then you should file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate your complaint and decide whether to pursue legal action on your behalf. If your complaint is not resolved by the DFEH, then you will receive a right-to-sue notice and can pursue litigation by bringing a lawsuit in court.
You have one year after receiving a right-to-sue notice from the DFEH to file a lawsuit in civil court against your employer. A Los Angeles pregnancy harassment attorney will help you meet the appropriate filing deadlines and collect any legally-relevant information.
Contact a Los Angeles Pregnancy Harassment Lawyer Today For Legal Advice
You deserve to enjoy your pregnancy and work in an environment that is free of harassment. If this is not the case, then you should hold your employer responsible for fostering a hostile work environment. A Los Angeles pregnancy harassment lawyer will help you strategically apply the law to the evidence of your claim and maximize your economic damages.
Contact the Los Angeles employment attorneys at Yadegar, Minoofar & Soleymani LLP today at (310) 499-0140 for a free initial consultation. You can also contact us online and tell us about your workplace pregnancy harassment. We promise to carefully review the merits of your case and look forward to meeting with you soon.