Pregnancy is an exciting time in your life, but also a vulnerable time. You deserve to be treated with respect and dignity in the workplace, as you bring new life into this world. Unfortunately, this does not always occur.
Pregnancy discrimination in Los Angeles happens every day in California and throughout the United States, although it is illegal and can cause serious harm to expectant mothers and their families. If you experience unlawful discrimination because of your pregnancy, it’s critical that you understand your rights and take appropriate legal action.
A Glendale pregnancy discrimination lawyer at Yadegar, Minoofar & Soleymani, LLP is here and ready to help you in these unfortunate circumstances. Give us a call today to schedule your free case evaluation and learn more about the assistance we can offer.
What Is Pregnancy Discrimination?
Pregnancy discrimination involves treating a current or potential employee unfavorably or unfairly based on pregnancy, childbirth, lactation, or any related condition. Pregnancy discrimination can take the form of:
- Firing an expectant mother because she is pregnant, or suffering from a disability or medical condition related to pregnancy
- Refusing to hire a pregnant job seeker or not hiring a qualified worker because they might get pregnant
- Asking a potential or current employee if they are pregnant, or plan to get pregnant, before making a decision about extending a job offer or promotion
- Demoting an employee due to pregnancy, while on pregnancy-related disability leave, or during maternity leave, because of the pregnancy
- Changing the work duties or workplace benefits of an expectant or new mother because of the pregnancy
- Taking retaliatory actions against someone for getting pregnant, or for reporting pregnancy-related discrimination
- Creating or allowing a hostile work environment to exist. That’s an environment where a pregnant employee faces severe or frequent unwelcome conduct or harassment related to her pregnancy, childbirth, or pregnancy-related medical issues
Any or all of these behaviors can be considered illegal employment discrimination. They can cause significant stress and financial loss to a mother and her family, and companies can be held legally responsible for the harm that these unlawful actions cause.
What Laws Protect Mothers Against Pregnancy Discrimination?
In California, both state and federal laws provide protection against pregnancy discrimination. Some of the different laws that can protect you include the following:
- The Pregnancy Discrimination Act: This federal law, enacted in 1978, guarantees reasonable accommodations for expectant mothers. It requires companies to grant reasonable medical leave, provide an accessible workplace for pregnant mothers, and make reasonable accommodations to allow mothers to continue working while pregnant, such as modifying equipment or adjusting work hours.
- The Family and Medical Leave Act (FMLA): This law gives employees the right to take up to 12 weeks of unpaid leave in certain circumstances, including for childbirth, prenatal care, or pregnancy-related complications.
- The California Fair Employment and Housing Act: This state law prohibits companies with five or more employees from discriminating against pregnant mothers. Mothers are entitled to be informed of their pregnancy leave rights, and companies cannot refuse to grant reasonable leave or withhold compensation.
- The California Pregnancy Disability Leave Law: Under this state law, mothers who become disabled by pregnancy, childbirth, or a medical condition are entitled to guaranteed leave while the employer remains responsible for continuing health insurance coverage.
- The California Family Rights Act: This state law gives pregnant mothers the right to use available vacation days for pregnancy-related leave, and gives mothers the right to take reasonable leave for up to four months for family bonding. Employers can’t refuse to provide contractually obligated compensation while a mother has taken leave.
A violation of any of these state or federal laws can give rise to legal claims.
A Los Angeles pregnancy discrimination lawyer at Yadegar, Minoofar & Soleymani, LLP can help mothers and families to understand which of these laws apply to their situation and to build a solid legal claim based on the laws that provide them the most protection and benefits.
What Compensation Is Available for Pregnancy Discrimination?
The specific types of compensation that may be available to you based on pregnancy discrimination will be determined based on the kinds of discrimination you experience, as well as the actual losses that you endured because of it.
You may be entitled to payment for:
- Lost career opportunities
- Missed or withheld wages or earnings
- Emotional distress damages due to the trauma of experiencing pregnancy discrimination
- Financial compensation for any medical bills incurred if the discrimination you experienced caused physical or mental health issues that you need care for.
You must prove both that your employer violated your rights and that the damages you endured occurred as a direct result of that violation.
How Can a Glendale Pregnancy Discrimination Lawyer Help You?
An employment attorney in LA County can provide you with invaluable assistance after you have experienced pregnancy discrimination in the workplace. At Yadegar, Minoofar & Soleymani, LLP, we will be there from day one to assist you with:
- Identifying legal violations: Our team will help you to determine what specific anti-discrimination laws were violated by the company or its employees.
- Proving pregnancy discrimination: We’ll work with you to collect evidence, including gathering written or verbal correspondence, subpoenaing employee records, interviewing witnesses, and obtaining circumstantial evidence such as performance reviews showing you were performing your job satisfactorily before you were fired.
- Negotiating a settlement: Many pregnancy and disability discrimination cases settle because companies don’t want the publicity of a lawsuit or the risk of a large verdict. We’ll work to negotiate a settlement with your employer’s insurer that provides full compensation so you can avoid the stress of court.
- Going to court: Our legal team includes experienced litigators who have taken employment discrimination cases to court and won. We know how to present solid legal arguments and follow court rules of evidence to maximize your chances of a favorable verdict.
Contact a Glendale Pregnancy Discrimination Lawyer Today
Yadegar, Minoofar & Soleymani, LLP is here and ready to fight for you. When you have been a victim of unlawful workplace behavior, contact a Glendale pregnancy discrimination lawyer with a solid track record of success. Call now to learn more.